What Is the Inheritance in Case of My Mother’s Death?

Answered by Mawlana Ilyas Patel

Question

My mother died when I was 8 months old. She had bought a house by selling all her gold. After her death, however, the house was snatched by her brother. He didn’t give the house back and illegally named the house in his own name by forging documents.

The family of my deceased mother gave a plot of land to my father as a recompense. My father sold that plot of land and made a new house. He remarried and had two more children. Will the property now be equally divided among the three sons?

Answer

It is sad to hear what happened with your late mother’s hard-earned acquired house -Allah (Most High) grant her complete forgiveness and reward her better in the Hereafter, amin.

When dividing the inheritance, various factors have to be considered, such as any debts due, bequests, the range of possible inheritors present, such as children, spouse, parents, siblings, etc., their specific numbers, as well as the male and female among them. These factors influence the way the inheritance is distributed. As such, one would need the full details to work out the estate division in each case.

In the case where your father passes away, and if he does not leave behind any possible inheritors, and after having given his possible debts, any bequests that he might have made, the house, if the house is the only asset he has left behind, and no cash or items, then each of you three brothers will get a third of the house.

[Mahmud Hasan Ajmeri, Mu’in al-Faraid]

I advise you to consult a qualified and reliable local scholar and go through your specific case.

How Do We Deal With the Death of a Loved One? – SeekersGuidance

May Allah also reward you for striving to deal with your affairs during this difficult time correctly.

I pray this helps with your questions.

[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied within UK, India, Pakistan, Syria, Jordan and Turkey.

He started his early education in UK. He went onto complete hifz of Qur’an in India, then enrolled into an Islamic seminary in UK where he studied the secular and Alimiyyah sciences. He then travelled to Karachi, Pakistan.

He has been an Imam in Rep of Ireland for a number of years. He has taught hifz of the Qur’an, Tajwid, Fiqh and many other Islamic sciences to both children and adults onsite and online extensively in UK and Ireland. He was teaching at a local Islamic seminary for 12 years in the UK where he was a librarian and a teacher of Islamic sciences.

He currently resides in UK with his wife. His personal interest is love of books and gardening.