Fatwa #27567 May 2001India
How is the property to be divided ff a person dies leaving behind his widow, one son and four daughters.
Question
Assalamu alikum If a person dies leaving behind his widow,one son and four daughters how does the property to be shared among the legal heirs? 2. His wife has got saparate property and she wants to be divided among the one son and four doughters. Is it valid? Jazakalla Khair
Answer
At the outset, it must be pointed out that the heirs of an Estate may only
be determined upon one's demise.
According to the Islamic Law of Succession and Inheritance, distribution of
an Estate will only commence after funeral expenses, debts (including legal
costs) and bequests (if any) made to non-heirs - which will not exceed
one-third (1/3) of the Estate after debts and funeral expenses - have been
settled. Thereafter, all assets form part of the Nett Estate and will have
to be distributed according to the Islamic Law of Succession and
Inheritance.
The nett Estate will be divided into forty eight (48) equal shares and
distributed as follows:
Wife receives : 6 shares
Son receives : 14 shares
Daughter receives : 7 shares
The second part of your question is not clear, kindly elaborate.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.