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Fatwa #1475330 November 2006United States of America

My aunt was married after she married she had four children........

Question

MY AUNT WAS MARRIED BUT AFTER MARRIED  AND SHE HAD 4 CHILDREN (2 SONS AND 2 DAUGHTERS)BUT AFTER FEW DAYS HER HUSBAND PASSED AWAY.

AFTER FEW YEARS SHE WAS AGAIN MARRIED AND WITH THIS HUSBAND SHE GOT  3 CHILDRENS (2 SONS AND 01 DAUGHTER)AT THE SAME TIME SHE GOT A LAND (PROPERTY) FROM HER FIRST  HUSBAND.SHE ASK HER 2ND HUBAND TO BULD A HOUSE ON THIS LAND.THEY BUILD A BUILDING WITH BANK LOAN AND HIS EFFORTS AND SOME MONEY.NOW HER 2ND HUSBAND PASSED AWAY. ALL 7 CHILDRENS GREW UP UNDER SAME ROOF.NOW SHE HERSELF PASSED AWAY AND THE PROPERTY IS LEASED TO ALL 7 CHILDRENS ON PAPERS.

QUESTION IS HOW THEY WILL GET THEIR SHARES, PLEASE ALSO NOTE THAT MY AUNT MOTHER IS ALIVE .IS SHE CAN HAVE SOME SHARE TOO..

Answer

The heirs to the land and property will be different. The land owned by your aunt will be inherited by her mother and all seven children in 66 equal shares. The mother will inherit 11 shares, each son will inherit 10 shares and each daughter will inherit 5 shares. 

The property owned by the second husband will be inherited by the wife (your aunt) and her three children from the second husband on condition the second husband was not survived by one or both his parents. The property will be divided into 40 equal shares. Wife (aunt) will inherit 5 shares, each son 14 shares and daughter 7 shares.

 

The wife’s 5 shares will further be divided into 66 equal shares as the land was divided. The land could be sold and the money distributed among the heirs.

And Allah Knows Best 

 

Mufti Ebrahim Desai

 

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