Question
My father passed away 20 years ago and left behind my mother, three sons and three daughters. His wealth was distributed at the time but his land in India was not distributed. Please advise on how we should distribute the land and any profit generated from the land.
Please note that one of the sons passed away a few years ago and left behind his wife, two sons and two daughters. Please note that my mother is still alive.
بسم اللہ الرحمن الرحیم
Answer
STEP 1
Based on the information provided, the following outlines how the wealth of the deceased (your deceased father) including any subsequent profit should be distributed:
Wife – 12.5%
Son 1 – 19.44%
Son 2 – 19.44%
Son 3 – 19.44%
Daughter 1 – 9.72%
Daughter 2 – 9.72%
Daughter 3 – 9.72%
STEP 2
As your brother (the son of the deceased in step 1), has passed away, his 19.44% share will be distributed according to the following:
Wife – 12.5%
Son 1 – 23.61%
Son 2 – 23.61%
Daughter 1 – 11.8%
Daughter 2 – 11.8%
Mother – 16.67%
It is worth noting that your mother (wife in step 1, mother in step 2) will inherit a share from your deceased brother’s share.
Allah knows best
Yusuf Shabbir
20 Rajab 1436 / 8 May 2015
Approved by: Mufti Shabbir Ahmad Sahib
