My father in- law passed away and left his estate without a will to his 4 daughters, one son and his wife. How will his total estate (cash and a house) be distributed

· 14 Shawwal 1426 AH1 min readFatwa 13658English

Question

My father in- law passed away and left his estate without a will to his 4 daughters, one son and his wife. How will his total estate (cash and a house) be distributed. Also, due to my mother-in law living in the house, it was decided that one of the heirs, who is in a good finacial position would buy out the house and then distribute the cash to the other heirs. Would this be o.k?

JazzakhAllah Ghair

Answer

The estate will be divided into 48 equal shares and distributed as follows: Wife receives 6 shares, Each daughter receives 7 shares and Each son receives 14 shares.

If all the heirs agree for the one heir to purchase the house and pay the heirs their amounts according to their shares, then it will be permissible.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

Answered by
Mufti Ebrahim Desai
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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