How is a 400-square-meter house, inherited by five sons and two daughters, to be distributed, given that four of the sons have passed away, one of whom was married and had two daughters, and the remaining heirs are one son, two daughters, and the deceased brother's wife and his two daughters?
To accurately divide an inheritance, the heirs must be precisely and unambiguously identified. The male heirs are fifteen, and the female heirs are ten.
If the deceased father left only five sons and two daughters, and no other heirs, the inheritance is divided by 'asaba (agnatic succession), with the male receiving the share of two females, in accordance with Allah Almighty's statement: "Allah instructs you concerning your children: for the male, what is equal to the share of two females." The house is divided into twelve shares: each son receives two shares, and each daughter receives one share.
If one of the sons dies before receiving his share, his share passes to his heirs and is not forfeited by his death. His heirs must be identified to determine how his share is to be divided.
It is advisable to refer inheritance matters to courts or consult scholars to ensure the precise identification of heirs and to ascertain the existence of wills, debts, or other rights that take precedence over the heirs' rights.
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