Fatwa #291616 May 2001Saudi Arabia
How much percentage each child should get from his father's wealth?
Question
Assalamu alaikum, My father expired in 1987. His property was tranferred to my mother. We are three brothers and three sisters. All the brothers and sisters are married and settled Alhamdulillah. Now my mother wants to distribute the property. Also my mother wants to make some Sadakha-e-Jaria on my fathers name from his wealth. Please guide us how much percentage each one of us should get according to Islam. JazakAllahu khaira.
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 seventy seven (77) equal shares and
distributed as follows:
Wife receives : 9 shares
Each son receives : 14 shares
Each sister receives : 7 shares
It was incorrect to transfer your father's entire estate to your mother.
However, the children may relinquish their rights over their shares in
favour of your mother.
If the mother wants to distribute her property during her life time to her
children, she may do so provided she maintains equality among all her
children. She may also give any amount of charity and during her life time
on behalf of your father. However, upon her death, her Estate and bequests
will be governed by the rules and principles explained in the second
paragraph.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.