Source: http://qa.muftisays.com/?1493
Question ID: #1493
 
Question: Shares in Inherited property.

Respected Sir,


Assalam-Alaikum.


We are Sunni Muslims staying in Pune, India. We are 4 brothers and 3 sisters. The following are my questions:


1) Whether the share in the ratio of 3/16th for each brother and 1/12th for each sister is correct?


2) Whether the loan and liabilities of the deceased father is to be deducted before sharing.


3) Whether one brother and his family who practice Hindu religion should also be given the share, though he claims to be Muslim.


Kindly do reply as urgent, matter in court.


Thanking you.


Suhail.
 
 
Answered by: Ulamaa ID 02 ()
Date: 02/04/2006 21:10pm

بسم الله الرحمن الرحيم
Answer 1:
In the aforementioned case, after the payments of shroud and burial, valid debts and the execution of the deceased's valid will on one-third of his assets the deceased father's assets will be distributed into eleven parts from which two parts will be given to each son and one part to each daughter. This is in the event the deceased had not left any wives or parents.

Answer 2:
All valid loans and liabilities of the deceased will be deducted before sharing.

Answer 3:
If the brother mentioned is in fact a Muslim his share will be given or else not. والله أعلم

Mufti Saifur Rahman Sahib
London, UK
 
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