Calculating shares of heirs

Mar 7, 2022 | Inheritance

Question:-

1. Please advise on the distribution of the above:

Mr. A  is married to Mrs. B.

They have no children.

Both Mr. A and Mrs. B  have no parents.

Mr. A has no brothers, but he has one sister who has 2 sons and 2 daughters.

Mr. A has a cousin who happens to be the son of his father’s late brother.

Mr. A has no other family.

1.Please advise as to who will inherit in Mr. A’s estate, assuming the husband predeceased his wife.

2. In the event of the wife dying before the husband , please advise as to who will inherit in her estate.

Mrs. B has 2 brothers and  3 sisters.

Mrs. B’s father had 2 wives and the children mentioned above, are from the first wife including Mrs. B.

However, her father had 3 sons from the second wife.

3.Please advise if these 3 boys will inherit from Mrs. B’s estate?

4.Please advise as to the distribution of Mrs B’s estate in the event of her death.

It would be appreciated if you could advise on both the above scenarios.

Answer:-

Assuming the husband passes away first, leaving behind his wife, sister and cousin – that is his father’s brother’s son (as explained in the query), the estate will be dissolved as follows:

HEIR

SHARE PORTFOLIO

PERCENTAGE PORTFOLIO

WIFE

1

25%

SISTER

2

50%

PATERNAL COUSIN

1

25%

TOTAL

4

100%

In the case where the wife predeceases her husband, leaving behind her husband, 2 real brothers, 3 real sisters and 3 consanguine brothers, the estate will be dissolved as follows:

HEIR

SHARE PORTFOLIO

PERCENTAGE PORTFOLIO

HUSBAND

7

50.00%

REAL BROTHER (1)

2

14.285%

REAL BROTHER (2)

2

14.285%

REAL SISTER (1)

1

7.142%

REAL SISTER (2)

1

7.142%

REAL SISTER (3)

1

7.142%

TOTAL

14

99.996%

The consanguine brothers (brothers that share the same father but different mothers) do not inherit in the presence of the real brothers and sisters; hence, they are not included in the above distribution.

 

Due to the difficulty of rounding off, there is a remainder of 0.004%. This amount may be given out in charity with the consent of all the heirs, or redistributed according to the above percentages.

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 04 Shabaan 1443 / 07 March 2022

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