Fatwa Explorer

Fatwa #1475730 November 2006United Kingdom

My father passed away in 1980, he left behind a wife........

Question

My father passed away in 1980, he left behind a wife, 2 sons, my grandfather, 3 brother & 5 sister. At time of my father’s death I was 17 & my brother was 12. After 23 years one of my uncle’s asked for his share from my father estate. From above information can you tell me what each person can inherit from my father’s estate..

Note: - At time of my father’s death he had a house and some cash. Cash was used by my mother for our upkeep, we do not know the exact amount at the time. House we were living was £3000.00 in value. Now same house will get £100,000.00. So Miras distribution will be calculate at that value or current value. 

 

Answer

According to Shariah laws of inheritance and succession, your father’s estate will be divided into 48 equal shares. Your mother (father’s wife) will inherit 6 shares, each son 17 shares and grand father (father’s father) 8 shares. Each heir will be entitled to the cash your father left behind and the current value of the house according to his/her share. If your’ll do not know the exact amount of cash your father left, estimate the amount closest to that and distribute that. The current value of the house 100 000 should be distributed into 48 equal shares and the value of each share must be multiplied by the shares of each heir. Your uncle will be entitled to a share from your grandfather’s 8/48 only if your grandfather passed away. In that instance, if there were other uncles and aunts (grandfather’s children) they will all inherit from his 8/48 share of the house. The value of the house could be calculated and paid out.

And Allah Knows Best

 

Mufti Ebrahim Desai

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