Saturday, December 3, 2022
No menu items!

Inheritance question-nieces and nephews

Fatwaa ID: 128

Question:

MUHTARAM IMAM SAHIB

ASALAM-ALAYKUM

A PERSON DIED ON 10TH FEBRUARY 2019 AND WAS ISSUELESS/UNMARRIED. HE FOLLOWED HANFI FIQAH. HE WAS OWNER OF A HOUSE AND RS. 10 MILLIONS IN HIS BANK ACCOUNT. HIS PARENTS, GRAND PARENTS, FULL BROTHER AND SISTER HAD DIED LONG AGO. HE IS SURVIVVED BY MATERNAL AND PATERNAL NEPHEWS/NEICES:

I) ONE SONS AND THREE DAUGHTERS OF HIS PREDECEASED ELDER SISTER WHO DIED IN THE YEAR 2017 AND

II) TOW SONS AND TWO DAUGHTERS OF HIS PREDECEASED YOUNGER BROTHER WHO DIED IN THE YEAR 2005.

I SHALL BE GREATFUL, IF YOU KINDLY ADVISED AS TO HOW THE ESTATE OF DECEASED WILL BE DISTRIBUTED AMONGST THE SURVIVORS AT (I) AND (II) ABOVE WITH SOME REFERENCES/HADITH?

Answer:

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

As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

DISCLAIMER
•The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question. •Darul Iftaa bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
•This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Iftaa.

We have been advised that the deceased is survived by,

  • Two brother’s sons
  • Two brother’s daughters
  • One sister’s son
  • Two sister’s daughters

Accordingly, the estate of the deceased will be divided into 2 shares as follows:

BeneficiariesSharesPercentage
Brother’s son (1)1 50 %
Brother’s son (2)150 %
TOTAL2100  %

Note: The brother’s daughters and the sister’s children will not inherit.

Note: If there are other heirs such as the children, the above will not apply.

And Allaah Ta’aala Knows Best.

Muajul I. Chowdhury
Student, Darul Iftaa
Astoria, New York, USA

Checked and Approved by,
Mufti Ebrahim Desai.

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

__________________
Disclaimer

Darul Iftaa New York answers questions on issues pertaining to Shari’ah. These questions and answers are placed for public view on askthemufti.us for educational purposes. The rulings given here are based on the questions posed and should be read in conjunction with the questions. Many answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation. 

Darul Iftaa New York bears no responsibility with regard to its answers being used out of their intended contexts, nor with regard to any loss or damage that may be caused by acting on its answers or not doing so.

References and links to other websites should not be taken as an endorsement of all contents of those websites. 

Answers may not be used as evidence in any court of law without prior written consent of Darul Iftaa New York.