Q&A: S Dada wrote on Nov 17 2013 As salaam aalaikum. My parents a bought a property with their combined incomes. When my father passed away the property became my mothers. She sold it and gave equal shares to her 5 children (4 daughters and 1 son) as a gift. Did she do the right thing as per the sharia or was she supposed to give the son 2 shares? Jazakh Allah S.Dada Response to S Dada First, if we assume that your Father and Mother had EQUAL shares in the property while they were both alive, then your Fathers share (assuming its 50%) of the property should have been divided between the remaining heirs as follows:- MOTHER (wife of deceased) = 1/8 of the deceased share of the property SON = 2/6 = 1/3 of 7/8 (remainder) = 7/24 of the deceased share of the property 4 DAUGHTERS = 4/6 of 7/8 = 7/12 of the deceased share of the property (each daughter gets 7/48 share) Total = 1/8 + 7/24 + 7/12 = 24/24 = 1 What your Mother should have done was to sell the property, take her part of the investment (lets say 50% of its value) and then divide the remaining 50% of the property value to herself (1/8) and her children as mentione above. The above shares have been computed with the assumption that the deceased (FATHER) had NO living parents at the time of his passing away. If he had any, then they will first have to be given their shares of 1/6 each before the SONS/DAUGHTERS shares are calculated on the remainder. Allah Knows Best!
Posted on: Sun, 17 Nov 2013 08:34:57 +0000
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