Tuesday, April 23, 2013

Her married brother died before her father died; who has the right of inheritance after the death of her father?.

My father died a month back.
He has a house in his name.
His son ( my brother ) died in an accident 8 years back leaving his wife.
I am the only daughter.
My mother ( my fathers one and only wife) is alive.
My father has two brothers and 4 sisters.
How to divide the property?
Praise be to Allah.
If the heirs are limited tothose mentioned in the question, then the
estateis to be divided among them as follows:
The daughter gets half, because Allah, may He beexalted, says
(interpretation of the meaning):
"…if only one [daughter], her share is half…"
[an-Nisa' 4:11].
The wife gets one eighth, because Allah, may He be exalted, says
(interpretation of the meaning):
"…their (your wives) share is a fourth if you leave no child; but if
youleave a child, they get aneighth of that which youleave after
payment of legacies that you may have bequeathed or debts…"
[an-Nisa' 4:12].
The rest of the estate goes to the siblings, male and female, with
each male getting the share of two females, because Allah, may He
beexalted, says (interpretation of the meaning):
"if there are brothers and sisters, the male will have twice the share
of the female"
[an-Nisa' 4:176].
With regard to your brother who died beforeyour father, he has no
share of the estate, because one of the conditions of inheritance is
that the heir should still be alive. Based on that, his wife has no
share. - - ▓███▓ Translator:-> http://translate.google.com/m/
▓███▓ - -

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