Man leaves behind wife, son & 6 daughters - then 1 daughter dies
27 Aug 2011 06:07 GMT
 
A man dies leaving a wife and seven children (six daughters and one son), no ascendants but lots of grandchildren and, I believe, some collaterals. Things were further complicated by the death of the youngest daughter before the division of the estate. This daughter was unmarried and had no children. I suppose her share will now have to be redistributed to her mother and the other brother and sisters. My question is in what proportions should her share be redistributed? What about the aunts and uncles?

Answered by

Sheikh Nâsir al-Turayrî

In this case, a man died and left a wife, a son, and six daughters, and before the distribution of the estate could be carried out, one daughter died.

The wife gets one-eighth of the estate. The remaining amount will be divided between the son and the six daughters, with the son receiving a share that is double the share received by each of the daughters.

The estate will be divided into 64 shares.

Since the wife is entitled to one-eighth of the estate, she will receive 8 shares.

The son will receive 14 shares.

Each of the six daughters will receive 7 shares.

After allocating everyone’s share, the share of the decease daughter should then be redistributed to her mother and brother and sisters. The mother’s share will be one-sixth of the deceased daughter’s share and the remainder will again be divided between the brother and the sisters with the brother getting double what each sister gets.

What we said only applies if the brother and sisters are her full brother and sisters. If some or all of them are half-siblings, then the division of the estate will be different.

The uncles and aunts have no share in the estate.

Source: Islam Today



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