Message No : 9Sr.No : 317/724
Question By : Rafi

Assalamu alikum
Sir
This has ref to the qusetion answers printed in the book Islamic Inheritance(page 186)by/shaik Ahamd khan,[ublished by Goodword books
My Father expired on 16th April,2004 intestate.
He is survived by Four Sons ,a wife and a daughter.
We have three properties the value of which differs as per the constructed value and market value.
Now It was decided that one property is allotted exclusively to one son in lieu of a payment
One property to be shared by two brothers exclusively
One property by a son,Mother(wife of the deceased) the daughter.
Now the confusuion is : the shares as per sharia is 77.78% is divided by Four Sons that is 19.45% to each son,12.5% to Mother(wife of the deceased)9.78% to the only daughter.
The questions of sharing the two properties,one to one son exclusively after paying the difference and another property by two sons is settled.
Now regarding the third property shared by a son,daughter and mother(wife of the deceased) how shall we apply the formula?
If it is divided b the inheritance formula there is descrepencies in arriving at a proper distribution.
Request you to kindly advise.In case if I have to contact anybody else request you to give the contact adress.My email id is: rafipv@gmail.com
Thank you

 

Reply By : Muhammad Shihabuddin Qasmi
Designation : Mufti, ODI, MMERC, Mumbai 

In the name of Allah, All Gracious, All Merciful
Wa Alaikumussalam
Dear Brother in Islam,
The answer to your question is as follows:

After performing his all obligatory duties such as Mehr, debt and so on, all the property of your father would be divided into seventy two shares, if he left behind one wife, four sons and one daughter. The wife would receive nine parts, the sons fifty six (fourteen for each) and the daughter seven shares.

And Allah knows the best,

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