Mother has Passed Away Leaving Behind Husband Two Sons and a Daughter

CategoriesInheritance [103]

Fatwa ID: 04723 

Answered by: Mufti Javed Ibn Nazir Kachhalia

 

Question

 

Mother has passed away leaving behind her husband two sons and a daughter. How will wealth be distributed?

 

 

In the name of Allah, the Most Gracious, the Most Merciful

 

 

Answer

 

After extracting the costs of burial (takfin wa tadfin) and repaying debts owed to others (if any) from the total wealth left behind by the deceased at the time of his death (which includes everything he owned such as cash, gold, silver, house, property, furniture, etc); if he bequeathed anything (wasiyya), then it must be carried out as long as it falls within one-third of the remaining wealth and is not for any of the automatic recipients of the inheritance.

 

Therefore, the estate of the deceased will be split up into 20 shares.

  • Husband: he will receive 5 shares (25% of the estate)
  • Sons: 12/12 = 60% of the share (30% each)
  • Daughter: 3/20 = 15% of the share

 

I hope the above information will be useful Insha’Allah.

 

Only Allah knows best.

Written by Mufti Javed Ibn Nazir Kachhalia

Checked and Approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

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