How should properties be shared up after father’s death?

Question:

Before my father passed away, he added the names of his daughter and wife on the deed of the properties he owns. When he passed away, the three names were on the deeds. How should these properties be shared up? Will his siblings or grandchildren also receive part of the inheritance? 

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

According to the Shariah’s Laws of Inheritance and Succession, the estate of the deceased will be distributed after burial expenses, paying off debts (if any), and fulfilling bequests (if any) up to one-third of the total estate, after burial expenses and paying off debts.

As per the information provided in the discussions and documents, the land in query was equally owned by three individuals; 1- the father (the deceased), 2- the wife of the deceased, 3- the daughter. In the best of our understanding, according to Shari’ah each will therefore be the owner of 1/3 (one third) of the entire land equally.

Therefore the share of the deceased (1/3 of the entire land) will go towards his estate, to be shared according to the laws of Shari’ah.

The estate of the deceased (all belongings of the deceased) will be shared up as follows; Eligible heirs=1 wife, 1 daughter, brothers, sisters.

Relative Category Share Percentage
Wife 12.5%
Daughter 50%
Brothers 26.47%
Sisters 11.03%

 

N.B.-Because the grandchildren are all from the deceased daughter, they will not inherit. Only grandchildren from sons will inherit.

On the occasion of the death of a person, we are reminded of the Hereafter and meeting Allah Ta’ala. Thus, one must be mindful of ensuring that our actions concerning the deceased are completed according to the Commands of Allah and the Sunnah of the Prophet . Unfortunately, nowadays one area which remains largely unpractised and neglected is that of the correct distribution of inheritance. It is indeed a serious matter, due to the fact that not giving someone their due right from the inheritance is just like stealing their wealth. May Allah enable us. Ameen.

And Allah Ta’āla Knows Best

Mufti Arshad Ali

Darul Iftaa, Jaamia Madinatul Uloom (Trinidad)

www.fatwa-tt.com /www.jaamia.net