Distribution of estate: Munasakhah

Category: 

Inheritance

According to Madhhab: 

Hanafi

Reference: 

1440-503

Question: 

1. My mother passed
away in September 2010



2 .My father passed away October 2018 leaving three daughters and a son as
heirs



3. Properties are owned by my father, but He bought all in my mother's name



4. When my father was Alive he wished that his properties should be equally
divided among his children, that is one son and three daughters



My question is: 



As he is no more. Is his wish still to be honored ( That is to divide his
properties equally among his children that is one son and three daughters ) as
the three daughters claim

and if not how should the inheritance of the deceased be distributed ?


Answer: 

Firstly, all the properties that your father bought in your mother’s name belong to your father since he is the one who bought them with his money in the first place. Merely registering the properties on paper in your mother’s name is not sufficient to make her the owner of those properties. In the enquired case, if all the heirs are mature and willing to honour the wish of the deceased father, it will be permissible to distribute properties equally amongst the siblings as per his wish. However, if the heirs are not pleased with his wish, then it will be distributed according to Shariah (as outlined below):

After discharging the burial expenses, debts owing (if any), and execution of the Wasiyyah/bequest from 1/3 of the estate, the remainder of the estate will be apportioned into 5 parts to be distributed as follows:-

Son - Shares - 40%

Daughter 1 - Share - 20%

Daughter 2 - Share - 20%

Daughter 3 - Share - 20%

Total - Shares - 100%

NOTE: The above distribution is based on the fact that there are no other heirs beside the ones mentioned above. However, if there are any other heirs, the estate will be distributed differently.

AND ALLAH TA'AALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST

ANSWERED BY: MOHSIN KHAN

CHECKED AND APPROVED BY:  Mufti Muhammed Saeed Motara Saheb D.B. 

Islamic Date: ٢٧ شوال ١٤٤٠ English Date: 01 July 2019

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