How is the inheritance of a man who died leaving behind two sons and one daughter to be divided, given that he left a three-story house with an incomplete fourth floor, which the daughter completed with her own money and resides in? Is she obliged to pay rent to the heirs for her occupancy, especially since the two sons reside in two apartments belonging to the house and have been using its ground floor as a commercial shop for 20 years?
If a man passes away, leaving behind a wife, two sons, and a daughter, and no other heirs, the wife receives one-eighth (1/8) due to the presence of a direct descendant heir. The remainder is distributed among the two sons and the daughter by way of ta'sib (residuary heirship), with the male receiving the share of two females. The inheritance is divided into 40 shares: the wife receives 5 shares, each son receives 14 shares, and the daughter receives 7 shares.
The daughter has the right to claim her share of the apartments occupied by the two sons and what they exploited from the ground floor, as she is a partner with them in all the real estate according to her rightful share. In case of dispute, the matter should be referred to the Sharia court or to a scholar qualified for adjudication.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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