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Fatwa CenterDied leaving parents, 3 uncles, a sister and a grandmother
Question
Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have male relatives who are entitled to inherit: (A father) (A full paternal uncle) Number 3 -Does the deceased have female relatives who are entitled to inherit : (A mother) (A grandmother from the father) (A full sister) Number 1
Answer
All perfect praise be to Allaah, the Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
Based on the provided information, and considering that the deceased left no other inheritor, then the inheritance should be divided among the parents only. The mother receives one third, as Allaah The Exalted said: {But if he had no children and the parents [alone] inherit from him, then for his mother is one third.}[Quran 4:11] The rest goes to the father, based on the saying of the Prophet, sallallaahu ‘alayhi wa sallam: “Distribute the estate to the rightful heirs, then whatever remains goes to the closest male relative.” [Al-Bukhari and Muslim]
As for the paternal uncles and the full sister, then all of these are prevented from inheritance due to the presence of the father. Likewise, the grandmother is excluded due to the presence of the mother and the father.
We must inform the questioner that the matter of estates is a very serious and complex matter. It is not possible to be sufficed by or to rely upon a mere Fatwa, prepared by one who simply received the question. Rather, this matter must be raised to the legitimate courts in order to be examined and resolved. There may be an heir that will remain unknown until after an investigation. There may also be a will, debts, or other rights about which the heirs do not know; and such things take precedence over the right of the heirs regarding wealth. It is thus not correct to divide the estate without referring to the legitimate courts, if such courts exist, for the benefit of both the living and the dead.
Allaah Knows best.
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