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Inheritance (Share Of Nephews And Nieces When Siblings Are Not Alive)
Dear Team,
I have a question for Javed Ghamidi sahib regarding inheritance of the following scenario :
ابراہیم کی پہلی بیوی اللہ رکھی میں سے دو بچے محمد اسلم اور رضیہ بانو
ابراہیم کی دوسری بیوی منور بیگم میں سے دو بچے محمد افضل بھٹی اور نسیم بیگم
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فوت شدگان
ابراہیم ، اللہ رکھی ، منور بیگم ، محمد اسلم (1986), رضیہ بانو (1989), نسیم بیگم (1995), محمد افضل بھٹی (2016)
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محمد افضل بھٹی کی بیوی حیات ہیں اور محمد افضل بھٹی بے اولاد تھے۔ محمد افضل بھٹی کی وراثت ، نسیم بیگم ، محمد اسلم اور رضیہ بانو کی اولاد میں قانوناً ور شرعاً کس طرح تقسیم ہوگی
I have attached image of family tree for better understanding. Please guide me.
Thanks,
Waqas
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13 Replies
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Inheritance (Share Of Nephews And Nieces When Siblings Are Not Alive)
updated 10 months, 4 weeks ago
4 Members
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13
Replies
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This video explains extensively about inheritance. Just pick a paper and write down all possibilities.
This is an exercise indeed but it will help InshaAllah
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Please see this thread for Ghamidi Sahib’s explanation.
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@mohammad yaseen. Thanks for your kind reply but the above material does not contain answer relevant to my question.
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Please correct me if my understanding is flawed.
Inheritance is to be divided between
1. Wife
2. Real nephews/nieces. 2 boys, 1 girl.
3. Step nephews/nieces. 9 boys, 9 girls.
Is this correct?
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After giving Eighth part of the deceased wealth/property to his widow, the rest will be received by the nieces and nephews in the way that they will share among themselves the share of their father or mother (deceased sisters and brothers).
The share of deceased sisters and brothers would be 1:2 that is brothers will get double of a sister’s share. Then this share will be distributed in their respective children (deceased nieces and nephews) with ratio of 1:2 that each boy will get double of the share of a girl.
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@irfan shahzad thanks for your kind reply. So in division of inheritance, there will be no difference between shares of paternal step brother and paternal step sister? As in my case, Naseem begum is the full sister of the deceased Fazal. Whereas Aslam Bhatti and Razia bano are paternal half brother and paternal half sister of the deceased Afzal.
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No difference between step and real brothers and sisters. They are all the children of one father.
Another important point to be mentioned is that the widows and widowers of deceased brothers and sisters of Bhatti will not receive the share of their deceased spouses. Nieces and nephews receive the share of their deceased mother or father as they are in his place, but it was not the property of their deceased fathers and mothers, so it will not go to their spouses. All will go to the nieces and nephews.
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@Irfan Shahzad bhai thanks for your elaboration. I went to Jamia Naeemiya regarding this matter and the mufti sahib gave me fatwa that after giving 1/4 to wife of Muhammad Afzal, inheritance will be only shared between the sons of paternal Half brother Muhammad Aslam of Muhammad Afzal. Fatwa stated that children of Full Sister Naseema of Afzal, children of Paternal Half Sister Razia of Afzal and daughters of Paternal Half brother Muhammad Aslam will not get any share from inheritance of Muhammad Afzal.
Another mufti sb from other thought stated the same.
While another opinion came into being that children of Full sister Naseema of Afzal will get 50% share, 25% will get wife of Afzal, the rest 25% will be shared as 16.66% between children of Paternal Half brother Muhammad Aslam and 8.33% to children of Half sister Razia Bano.
Another opinion of some other mufti sb states that inheritance will be shared only between wife of Afzal as 1/4 and children (sons and daughters both) of Paternal Half brother Muhammad Aslam of Muhammad Afzal will take 3/4 of the remaining inheritance. Full sister Naseema of Afzal and Paternal Half sister Razia of Afzal will not get any share.
When i talked to lawyer, he said that all are children of Muhammad Ibrahim, so because father is the same, the inheritance will be shared as 1:2 between children of all sisters and brothers irrespective of different mothers. So your opinion matches the opinion of my lawyer. I guess this opinion is aligned with the Inheritance Law of Pakistan.
Thanks and Regards
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Inheritance Calculator
Islamic Inheritance Calculator
http://www.inheritance-calculator.com
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The scholars have different understandings of the law of inheritance of the Quran. What I shared is our opinion in light of our understanding of the law. You can consult the inheritance calculator to find the shares. Thanks
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