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Father left a business property

Fatwaa ID: 1242

Question:
السلام عليكم ورحمة الله وبركاته

Father left a business property

Father Left behind
Wife and 6 brothers and 2 sisters

The inheritance was sorted out at that time

50 % share for the mother
And the rest 50% divided equally between all the children (Brothers and sisters get equal) this was mutually agreed

Oldest Brother recently passed away how will the late brothers share be distributed in the property

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

Allaah Ta’aala is al-Hakeem, the All-Wise. He has allotted shares for the successors and they ought to be followed. It is inappropriate to mutually agree on a complete alternative distribution. Should anyone wish to give up their shares or give a portion to someone, then they may do that after the estate has been distributed according to the laws of Shari’ah.

Nevertheless, the distributions that already took place mutually and willingly are valid. We understand that the business property in question was not included in the total distribution at that time. Accordingly, in the absence of the eldest brother now, the estate must be distributed according to the Shari’ah laws of succession. His share will be distributed amongst his heirs, pro rata their rightful shares. You may revert to us with details of the survivors and we will advise accordingly.

We understand from the query that the deceased is survived by his wife, six sons and two daughters. Kindly ensure that the above reflects the reality as your question is not clear. The business property will thus be divided into 16 shares as follows:
-The wife of the deceased will receive 2 shares (12.5%).
-The sons will receive 2 shares (12.5%) each.
-The daughters will receive 1 share (6.25%) each.

The deceased brother’s share (12.5%) will be divided between his rightful heirs according to their Shari’ah allotted shares.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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