Dear Mufti Saab:
Assalamu alaikum……and Ramadaan Karim….
We were three brothers and three sisters in the family. My eldest brother passed away last year (2007). He was married, but no children. Two brothers (including me) are married and have children. Two sisters are also married and have children. One sister is divorced and has no children, but lives with one of my sisters.
My mom (2001) and dad (1990) have died. They left some property for us in India.
How can we distribute the property left by our parents? Does my sister-in-law, my eldest brother’s wife, get any share of the property? If yes, how much share would she get? I am the eldest in the family and I have the responsibility to justly distribute the property.
Your response to my emailid (firstname.lastname@example.org) will be greatly appreciated. Jazakallah khairan.
Abdul Gaffar Sheikh
Dear brother in Islaam, could you inform of the members who were alive at the time when mom died and who were living when dadi died and who were alive from the family members at the time of brother’s death? This information will help us distribute the property in conformity with the Islaamic law.
In response to your answer to question #61:
May Allah protect you and grant you success in both the worlds.
When my dad died in 1990, all three brothers and three sisters were alive. My eldest brother was not married.
When my mom died in 2001, all three brothers and three sisters were alive. My eldest brother was married.
Jazakallah for your help.
جزاك الله خيرا
Dear Brother in Islaam, the question still needs some clarification. You have never stated the inheritors left behind by the elder brother. The distribution of heritage will be incomplete if the inheritors of brother are not included and given their due shares.
Further to your response# 70,
I mentioned in my earlier question that my eldest brother had no children at the time of his death. He died after my mom and dad had died. He has left his wife and no progeny. My original question was on the distribution of property. Does my sister-in-law (my eldest brother’s widow)get any share of my parents property? If yes, in what proportion? Would she get the same share as if my eldest brother was alive now?
I would like to be as just as shariah would allow me as I am the eldest one now in the family of two brothers and three sisters.
Your guidance will be greatly appreciated.
The statement mentioned in the question if true that father died in 1990 leaving behind his wife, three sons and three daughters and before the distribution of property took place deceased’s wife passed away in 2001 and three sons and three daughters were alive amongst the inheritors and then the elder son died in 2007 before the heritage was distributed and one wife, two brothers and three sisters were living from the heirs, then after performing all obligation duties such as Mehr, debt and so on, the house and all other properties of late father will be divided into five hundred and four shares (504). One hundred and thirty six shares (136) for each son, sixty eight (68) for each daughter and twenty eight (28) are for daughter in-law.
The mother’s property, if any will be distributed into one hundred twenty six (126) shares. Each brother will get thirty four (34), each sister seventeen (17) and sister in-law seven (7) shares.
The brother’s property, if any will be distributed into twenty eight (28) shares. Each brother will get six (6), each sister three (3) and sister in-law seven (7) shares.
Hope your question has been answered.