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Forums Forums Islamic Sharia Mother's Inheritance: Shares Of Widow And Other Siblings Of The Deceased Brother

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  • Mother's Inheritance: Shares Of Widow And Other Siblings Of The Deceased Brother

    Posted by Farida Tariq on January 23, 2024 at 10:17 am

    We are 3 brothers and 2 sisters. Out of 3 brothers, one has passed away. The house In which the middle brother and youngest brother’s widow live, is to be now sold off and divided among all equally.

    Question is, by sharia, is the widow of the deceased brother entitled to share or just her kids (2 kids,son and a daughter)?

    And would the widow get additional share if she invested some money in the construction of the house? (first floor was constructed after the death of the husband and widow put forth some money in the construction, rest was paid by deceased husband’s Mamoo/uncle).

    How would the Warsat distributed among all 4 and widow or kids?

    Note: The house is still in the name of late mother.

    Would appreciate the response.

    Jazak Allah Khair.

    Dr. Irfan Shahzad replied 11 months, 1 week ago 2 Members · 1 Reply
  • 1 Reply
  • Mother's Inheritance: Shares Of Widow And Other Siblings Of The Deceased Brother

  • Dr. Irfan Shahzad

    Scholar January 23, 2024 at 10:50 pm

    An additional amount spent by an individual should be paid to him or her, then the estate should be divided.

    The deceased brother was alive when the mother, the owner of the house, died, he was entitled to his share in the property. His share now will be given to his widow and his kids. His widow will have one-eighth of the share of her husband and the rest will be divided among his kids with a ratio of 2:1. The boy will get double the share of a girl.

    The estate will be divided among the living siblings with the same ratio of 2:1. The boys will get double the share of a girl. However, if all agree, they may distribute the estate equally among them. but the deceased brother’s share, according to Shariah law, will be given to his heirs, since his consent for equal distribution is not available.

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