How should the estate of a father who died 12 years ago be divided, taking into account the subsequent deaths of the grandfather and mother, the actions of some siblings regarding part of the estate during this period, and the resulting new properties, in addition to other matters such as gold gifts to some siblings during the father's lifetime or after his death?
Firstly: The inheritance is divided assuming that the mother and grandfather were alive. The grandfather receives one-sixth, the mother receives one-eighth, and the remainder goes to the sons and daughters, with the male receiving the share of two females.
Secondly: To collect the inheritance, the value of the shops and houses should be estimated by experts. It is preferable for them to be sold or purchased by the heirs at their market value.
Thirdly: Your brothers are entitled to a wage for their work in the shops equivalent to salaries for similar work. Anything in excess of that is added to the principal inheritance. The purchase of the land, shop, and house is calculated based on whether it was made from their salaries or from surplus profits.
Fourthly: The grams of gold your brothers received upon their marriage are considered an expenditure and not subject to settlement. Assisting those in need of marriage is obligatory if the father is alive and capable, or from his heirs if he has passed away. This falls under obligatory expenditure, not a donation.
As for the grandfather's share of one-sixth and the mother's share of one-eighth, these are divided among their living heirs at the time of their passing. If any of these heirs passed away afterward, their right is not forfeited; rather, their share is divided among their own heirs.
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- Original fatwa ID
- 21006
- Imported
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