Fatwa #45227 August 2000Pakistan
The share of my late brother's estate as the heir from my mother's rights.
Question
My elder brother died in 1987 leaving behind his mother, wife, four sons and three daughters. My mother died in 1989 , what is my share in my brother's property ?
Answer
According to the Islamic Law of Succession and Inheritance, distribution of
an Estate will only commence after funeral expenses, debts 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.
In the event that a man passes away and he is survived by mother, one (1)
wife, four (4) sons and three (3) daughters then Nett Estate will be divided
into two hundred and sixty four (264) equal shares and distributed as
follows:
Wife receives : 33 shares
Each son receives : 34 shares
Mother receives : 44 shares
Each daughter receives : 17 shares
You do not inherit from your brother's Estate.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai