Fatwa #2633829 July 2013United States of America
How should i divide my deceased mother's property?
Question
My mother died, leaving my father, myself (male) and two daughters. Later my father also died. Kindly tell me as to how I should divide my mother’s property amongst us.
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
According to the Islamic law of Inheritance, first the expenses of the burial will be deducted from the estate and then the debts will be settled. From the wealth that remains, if the deceased had bequeathed any wealth to someone (other than those who inherit), it will be accepted from ⅓ of the estate. Thereafter, the remainder estate will be distributed amongst the inheritors in according to the explanation mentioned below.
We have been advised that the deceased was survived by the following relatives:
Husband 1 Son 2 Daughters
Prior to the distribution of the estate, the father passed away. His heirs were:
1 Son 2 Daughters
As per the information provided in the query and on condition that the deceased was not succeeded by any other heirs besides the ones mentioned in the query, the estate of the deceased will be divided into 16 shares and distributed amongst the heirs as follows:
The distribution the estate will be as follows:
Son (1): 8/16 50%
Daughter (1): 4/16 25%
Daughter (2): 4/16 25%
And Allah Ta’āla Knows Best
Mufti Zaid M Shelia,
Student Darul Iftaa
Chicago, Illinois (USA)
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net