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Inheritance Queries – Husband, Two Sons, & Five Daughters – One Son & Four Daughters

6829 – 0053

Aslmz.

Could you kindly assist in advising in respect of the two below estates.

The individuals being my grandfather and grandmother.

Granny passed away in 1998.

At the time of her passing the following individuals were alive.

1.         Suliman (Husband)

2.         Rookeya (daughter)

3.         Rashida (daughter)

4.         Yunus (son )

5.         Faried (son)

6.         Zaiboon (daughter)

7.         Sureya (daughter)

8.         Sayeda (daughter)

9.         Salim ( son)( but who had passed on prior to the death of my granny)

Second estate is that of my grandfather who passed on approximately 2020.

At the time of his death the following individuals were alive.

1.         Rookeya (daughter )

2.         Rashida (daughter)

3.         Yunus (son)

4.         Zaiboon (daughter)

5.         Sayeda (daughter)

The other siblings were deceased at the time of grandfathers passing.

As salām ʿalaikum wa raḥmatullāhī wa barakātuhū

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

DISCLAIMER

  • The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • Madrasah Urwah bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of the Madrasah

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.

  1. Grandmothers’ estate;

We have been advised that the deceased was survived by a husband, two sons (third son had passed on), and five daughters. Accordingly, the estate will be divided into 36 shares as follows:

BeneficiarySharePercentage
Suliman (husband)925%
Yunus (son)616.666%
Faried (son)616.666%
Rookeya (daughter)38.333%
Rashida (daughter)38.333%
Zaiboon (daughter)38.333%
Sureya (daughter)38.333%
Sayeda (daughter)38.333%
Salim (Son-deceased)
Total3699.997%

The share of the heirs who are no longer alive will be included in the estate if their estate has not been distributed yet. If their estate has already been distributed, then their share will be redistributed amongst their respective heirs.

  • Grandfathers’ estate;

We have been advised that the deceased is survived by one son and four daughters. Accordingly, the estate will be divided into 6 shares as follows:

BeneficiarySharePercentage
Yunus (son)233.333%
Rookeya (daughter)116.666%
Rashida (daughter)116.666%
Zaiboon (daughter)116.666%
Sayeda (daughter)116.666%
Total699.997%

Note: Due to the intricacies of decimals, the percentages listed in the tables have been rounded to the thousandths place. These slight variations can impact the precise amount allocated to each heir, which may also result in a negligible amount of the estate being left over after distribution.

In this instance, the leftover can either be given in charity on behalf of the deceased with the consent of all the heirs or given to any of the heirs with the consent of all the others provided they are all Bāligh.

And Allāh Taʿālā knows best.