• EN (English)
Fatwa ID: 87116
Title: Inheritance
Category: Inheritance
Scholar: Dr. Hatem al-Haj
Date: 07/16/2012

Question

My aunt, eldest of 1 brother & 4 sisters, purchased property from her own income. She had no children. She orally gifted her property to her younger brother before her death which was converted into a registered gift deed by her husband after her death. My uncle to whom the property was gifted had no children either & after his death, the property was managed by my youngest aunt. In the meanwhile, both sisters who had children passed away. After the youngest aunt's death, there remain 11 legal heirs (5 nephews & 6 nieces from 2 sisters) How should the property be divided between these surviving legal heirs, there being no other claimants & no disputes between them & a willingness to share the property as per shariah law?


Answer

 

All praise be to Allah, and may His blessings and peace be on His last messenger, Muhammad,

The ownership was transferred to your uncle. Then, we should start from him, however, it is unclear how many sisters survived him, and whether he has uncles or other relatives on the paternal side. If he had no ancestors or descendants, his sisters would inherit as follows: if one sister survived him, she will inherit one half of his estate, and if more, they will have two thirds. The rest shall be inherited by the closest male paternal relative.

Allah knows best.