Fatwa #1857429 March 2010Sri Lanka
my brother passed away leaving his one son one dauther, and our mother...
Question
my brother passed away leaving his one son one dauther, and our mother,
when i checked with a Ulama he said his out of 24, 4 portion would go the mother, 3 to his wife, and 17 would be divided among childred, kindly let me know this undestanding is correct, also my brtoher has deposit, which for which he has nomited his wife, my second question is whether we can get that deposit amount also for the distribution of total wealth.?
Answer
In the name of Allāh, Most Gracious, Most Merciful
Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh
The estate will be divided into 72 equal shares and distributed amongst the heirs as follows;
The son will receive 34 shares
The daughter will receive 17 shares
The mother will receive 12 shares
The wife will receive 9 shares
As for the deposited money, if the decased has made his wife the owner, then it will not be consider as part of the estate, however if it was given to her just to look after, then it will be added to the estate.
And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum
Ml. Abduz Zaman,
Student Dārul Iftā
Checked and Approved by:
Mufti Ebrahim Desai
Dārul Iftā