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  • Share Of Siblings In The Remaining Inheritance?

    Posted by Shakeel Ahmed on December 16, 2021 at 3:33 pm

    I’ve two daughters, a wife, three married sisters and one single sister and both parents alive ALHAMDOLLILAH. now kindly tell me how my property will be distributed in case of my death

    Umer replied 2 years, 2 months ago 2 Members · 3 Replies
  • 3 Replies
  • Share Of Siblings In The Remaining Inheritance?

    Umer updated 2 years, 2 months ago 2 Members · 3 Replies
  • Umer

    Moderator December 16, 2021 at 4:04 pm

    The wealth of every Muslim must necessarily be distributed after his death among his heirs in the following manner:

    If the deceased has outstanding debts to his name, then first of all they should be paid off from the wealth he has left behind. After this, any will he may have bequeathed should be paid. The distribution of his inheritance should then follow.

    No will can be made in favour of an heir ordained by the Almighty except if his circumstances, or the services rendered by him or his needs in certain situations call for it. Similarly, a person who has severed the foundations of kinship with a person through his words and deeds cannot be his heir.

    After giving the parents and the spouses their shares, the children are the heirs of the remaining inheritance. If the deceased does not have any male offspring and there are only two or more girls among the children, then they shall receive two-thirds of the inheritance left over, and if there is only one girl, then her share is one-half. If the deceased has only male children, then all his wealth shall be distributed among them. If he leaves behind both boys and girls, then the share of each boy shall be equal to the share of two girls and, in this case also, all his wealth shall be distributed among them.

    In the absence of children, the deceased’s brothers and sisters shall take their place. After giving the parents and spouses their shares, the brothers and sisters shall be his heirs. The proportion of their shares and the mode of distribution shall be the same as that of the children stated above.

    If the deceased has children or if he does not have children and has brothers and sisters, then the parents shall receive a sixth each. If he does not even have brothers and sisters and the parents are the sole heirs, then one-third of his wealth shall be given to the mother and two-thirds to the father.

    If the deceased is a man and he has children, then his wife shall receive one-eighth of what he leaves, and if he does not have any children, then his wife’s share shall be one-fourth. If the deceased is a woman and does not have any children, then her husband shall receive one-half of what she leaves and if she has children, then the husband’s share is one-fourth.

    In the absence of these heirs, the deceased can make someone an heir. If the person who is made an heir is a relative and has one brother or one sister, then they 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 or sister, then they shall be given a third of his share and he himself shall receive the remaining two-thirds.

    For details, you can refer to the following thread:

    Discussion 10380

  • Shakeel Ahmed

    Member December 16, 2021 at 4:22 pm

    I would like to discuss my case. In my case after giving due share to my parents and wife, two third of remaining will go to my daughters. What about remaining one third, where it will go?? And will there be some share for siblings? And any difference between married and single siblings??

    • Umer

      Moderator December 16, 2021 at 4:32 pm

      You can make anyone heir to that remaining inheritance in your will (It could very well be given to the same parents or wife or daughters).

      But if the person whom you make heir of your remaing inheritance is your Kalala relative (e.g. any one sister), then if she has more than one siblings, then they shall be given a third of her share and she herself shall receive the remaining two-thirds.

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