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Fatwa CenterDivision of estate among one son and two daughters
Question
Assalaamu alaykum. Please calculate the inheritance according to the following information: - Does the deceased have male relatives who are entitled to inherit: (A son) Number 1 - Does the deceased have female relatives who are entitled to inherit: (A daughter) Number 2 - The will which the deceased left behind and that is related to his inheritance is: The house is for the son; the unmarried daughter can live in the house but cannot get married in it.
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 
is His slave and Messenger.
If the heirs are only those mentioned in the question, and the deceased did not leave any other heirs, then the inheritance shall be divided between the son and the two daughters; the male twice the share of the female, as Allaah says (what means): {Allaah instructs you concerning your children [i.e. their portions of inheritance]: for the male, what is equal to the share of two females.}[Quran 4:11]
Therefore, the inheritance should be divided into four shares; the son gets two shares, and each daughter gets one share.
With regard to the will of the parent to the son and daughter, then it is a will for an heir, and it is considered void unless all the heirs approve of it, provided they are eligible to approve of it, i.e. that each of them is adult and sane. Al-Mughni, authored by Ibn Qudaamah, reads, “In brief, if a person makes a will to one of his heirs and all the remaining heirs did not approve of it, then such a will is void without any difference of opinion among the scholars.”
Allaah knows best.
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