Two-tiered inheritance query
The question, as received
My Grandfather passed away in January 1985 and left behind a property that still to this day has not been distributed in terms of inheritance.
At the time of his death, the following individuals were potential inheritors.
His wife (my grandmother)
His 3 sons and 1 daughter
Since then, his wife (my grandmother) passed away in 2006.
As of today, only his 3 sons and 1 daughter remain.
In relation to the property he left behind, can you advise how the inheritance should be distributed.
The answer
As per the Sharīʿah principles, the estate of the deceased will be distributed after:
In short: the estate is divided in two stages after costs, debts and bequests.
Explanation
- burial expenses,
- paying off debts (if any), and
- fulfilling bequest from the remaining one –third after burial expenses and paying of debts.
Thereafter, the grandfather’s estate will be distributed as follows:
– Wife (grandmother): 1 share out of 8
– Son 1: 2 shares out of 8
– Son 2: 2 shares out of 8
– Son 3: 2 shares out of 8
– Daughter: 1 share out of 8
Thereafter, the grandmother’s estate will be distributed as follows:
– Son 1: 2 shares out of 7
– Son 2: 2 shares out of 7
– Son 3: 2 shares out of 7
– Daughter: 1 share out of 7
There are now two possibilities. The first option is that the house is kept in the ownership of the children. If this is the case, then the shares must be clear and known to all. The second option is that the house is sold, and the money is distributed respectively.
Note: If there were any other inheritors alive then this calculation will not be valid.
May Allah forgive your grandparents and elevate their ranks in Jannah. Āmīn
And Allah knows best.
Maulana Inaamul Hasan Chothia
Reviewed and approved by Mufti Faraz Adam
Based on the Hanafi school and on the question as it was asked. Another mufti may reach a different conclusion. Read the disclaimer.