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Fatwa #4702624 October 2021Australia

My mum left a house for us. How much share do we each get?

Question

AA, my mother passed away about 20 years ago. She left us a house in Peshawar Pakistan. Remaining family members are 2 sons(including me), a daughter and our father(her husband). My question is, how much share do we each get? Jazak Allah khair

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

You state your mother passed away 20 years ago and the remaining familymembers are a husband, 2 sons, and 1 daughter. 

What do you mean by remaining family members? Do you mean remaining family members currently or remaining family members upon your mothers’ demise? It may be possible that certain siblings have passed away upon your mothers’ demise. You may forward your response to admin@daruliftaa.net

If by remaining family members you mean family members upon your mothers’ demise, then see the following:

We have been advised that the deceased (mother) is survived by the following:

-        Husband

-        Two sons

-        One daughter

Accordingly, the estate of the deceased (mother) will be divided in (20) shares as follows:

Beneficiaries 

Shares

Percentage

Husband

5

25%

Son

6

30%

Son

6

30%

Daughter

3

15%

Total:

20

100%

According to the Shariah Laws of Inheritance and Succession, 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 net estate and will have to be distributed according to the Islamic Law of Succession and Inheritance.

And Allah Ta’āla Knows Best

Hasan Ahmed Razzak

Student – Darul Iftaa

Paterson, New Jersey, USA

Checked and Approved by,

Mufti Ebrahim Desai

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