How to distribute the estate of a mother who passed away

Fatwa ID: 01596

Answered by Mufti Mohammed Tosir Miah

Question:

We are 4 brothers and 5 sisters. My eldest brother passed away about 5 years back. But he has his wife and 3 children. We are now 3 living brothers and 5 sisters. My mother passed away few days back. My father passed away about 24 years back. Please guide us as to how we should share the inheritance left behind by our mother.

Answer:

Bismillah

In the name of Allah, the most Beneficent, the most Merciful.

The total assets of the deceased will be distributed in the following way:

11_____________Decesed_______________________________________________

                 (6)  3 SONS                     5 DAUGHTERS

                 6 (2 shares each)                      5

Your mother’s estate will be distributed amongst her remaining three sons and five daughters into 11 shares with each of the son receiving 2 shares and the daughters 1 share each.

Your brother who passed away five years ago will not receive anything. Similarly, your father would not be entitled to a share. Only those siblings or relatives who are alive at the time of the deceased’s death will inherit.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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