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Inheritance Distribution When Whole Will Is Made In Favor Of A Kalala Relative
Considering a scenario. A guy not married. Has sisters. Parents and brothers have died. After the guy’s death what will be the procedure of wirasat for him. His relations like sisters and others are called as kalala? If he decides to will something to a specific person. Is it compulsory that some part of his wealth has to be given to the sisters first. One more thing. Brothers are dead. Kids of his brothers will have any right or not. Kindly someone explain in detail regarding this scenario
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7 Replies
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Inheritance Distribution When Whole Will Is Made In Favor Of A Kalala Relative
updated 2 years, 7 months ago
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Response from Ilyas sb in following thread will be helpful
Discussion 51720 -
Following contains the summary of the law of Inheritance under heading “5. Distribution of Inheritance:“
Discussion 31640 • Reply 31640
Summary can also be found at the start of the following thread:
Discussion 10380 • Reply 10380
In the absence of children, siblings become the end beneficiary of the remaining inheritance after it has been distributed to parents and spouse(s). As for the departed siblings, their share will be calculated accordingly in ratio of 1:2, with a brother getting twice the share as that of a sister, and their share will then be distributed among children of departed siblings in the same 1:2 w.r.t male and female children of the departed siblings. In addition to response by Hassan Sahab shared by Ahsan Sahab above, please also refer to the following resposne by Irfan Shahzad Sahab:
Discussion 33336 • Reply 33546
Will in favor of Kalala is optional, and if children are present, then will can be made in favour of siblings in their capacity as Kalala (becasue here they are not the part of primary distribution hierarchy in the presence of children). And if will is made in favour of Kalala, then sharia regarding that distribution should be followed: If the relative who is made an heir has one brother or one sister then he or she shall be given a sixth of his share and he himself shall receive the remaining five sixth. However, if he has more than one brother and sister then they shall be given a third of his share and he himself shall receive the remaining two thirds.
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@UmerQureshi i understand how the system works and the parts that goes in each case
I have one confusion. In presence of siblings like sisters. If the guy wants to will all his property to one of his nephew because of the khidmat he has done or because of his conditions. Is it compulsory that some part of it should be given to others as his relation is also kalala.
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In this case there are no parents and children. And brothers have died
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As per my unerstanding, will done in favor of Kalala (i.e. Nephew in this case) should be subject to the kalala distribution mentioned above.
Irfan Sahab (@Irfan76 ) can shed further light on this matter.
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The principle is that the will or bequeath will prevail, law comes next after will if there left anything. In the case cited above, all his wealth goes to the nephew. Law of Kalala will not apply here, according to my understanding.
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In recent Q&A Session with Ghamidi Sahab on Questions selected from ASK GHAMIDI Platform:
For answer to your question, please refer to the video below from 27:04 to 29:08
https://youtu.be/YZbZexPa1wo?t=1624
Alternative Link: ilm-o-Hikmat 29-08-2021
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