Distribution of estate - wife, 3 sons, 4 daughters

Category: 

Inheritance

According to Madhhab: 

Hanafi

Reference: 

1440-015

Question:

Kindly advise on below inheritance issue:

Marhoom left behind wife, 3 sons and 4 daughters.

No will, nor any wasiyyat made (written)
Left cash , car and clothes, and house behind

1. How will estate be distributed?
2. As far as qadha rozas and salaahs are concerned, how should the estate sort this out?
3. As far as any burial expenses are concerned, how should this be taken from estate?
4. If any wasiyyat was made orally, will it have any effect? Eg this car will go to my one son. Or this house will go to my wife. (But ownership was not handed over)

Answer:

1. The estate of a deceased is distributed in the following manner,

1.1. The burial expenses will be discharged from the estate.

1.2. Any outstanding debts of the deceased will be settled in full.

1.3. The bequests (if any) made by the deceased will be discharged from 1/3 of the remainder (i.e. the remainder after paying the burial expenses and off-setting debts).

1.4. Distribute the remainder amongst the legal heirs according to the Quraan and Sunnah, as calculated in the table below.

HEIRS
WIFE- SHARE: 10- PERCENTAGE: 12.5%
SON- SHARE: 14- PERCENTAGE: 17.5%
SON- SHARE: 14- PERCENTAGE: 17.5%
SON- SHARE: 14- PERCENTAGE: 17.5%
DAUGHTER- SHARE: 7- PERCENTAGE: 8.75%
DAUGHTER- SHARE: 7- PERCENTAGE: 8.75%
DAUGHTER- SHARE: 7- PERCENTAGE: 8.75%
DAUGHTER- SHARE: 7- PERCENTAGE: 8.75%
TOTAL- SHARE: 80- PERCENTAGE:100%

2. Due to the fact that the deceased has not left behind any Wasiyyat in regards to his missed Salaah and fasts, the Fidya of the missed Salaah and fasts cannot be paid from the estate. Yes, if all the heirs agree to pay the Fidya from their respective portions of inheritance then there is no harm in doing so.

3. The burial costs (Kafn cost, transport costs if any, municipal charge for grave, etc.) is the very first expense to be deducted from the deceased’s estate as recorded above in #1. The amount stipulated or charged for these expenses by the local burial committee will have to be paid in full by the estate.

4. In regards to bequests made on behalf of an heir such as one’s wife or son is invalid in terms of Shariah (and items bequeathed to such heirs) will form part of the deceased’s estate, unless the remaining heirs consent and approve of the bequest. However, if the deceased had gifted certain items to any of his heirs during his lifetime and the heirs had taken full possession of these items then the gifting process will be considered to be correct and valid.

AND ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST

ANSWERED BY: Mufti Mohammed Desai
CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D. B.
Darul Ifta Azaadville