Respected Sir,

Assalam-Alaikum.

Shares in Inherited property. :: Muftisays Islamic Question & Answers

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Shares in Inherited property.

Last updated: 27th February 2006
Question ID: #1493
Short URL: http://qa.muftisays.com/?1493
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suhailsshaikh
27th February 2006

 

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.




Answer
Ulamaa
Ulamaa ID 02
Answer last updated on:
2nd April 2006
Answered by:
Ulamaa ID 02
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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