What is the mother's share of the inheritance of her deceased husband and son, and how is the real estate inheritance divided among the heirs without causing harm, taking into account some heirs' objection to the value of the floors, and the daughters' demand for their right to usufruct for past years?
The property, with its floors and apartments, is to be divided among the heirs according to Islamic law. The wife receives one-eighth due to the existence of a lineal descendant. The remainder is for the sons and daughters by ta'sib (residuary heirship), with the male receiving the share of two females. The entire property is divided into 80 shares: 10 shares for the wife, 14 shares for each son, and 7 shares for each daughter. Each heir owns their share in every part of the property, and no one has the right to monopolize any portion of it.
Practically, the property can be sold and its price divided, or the heirs can take turns benefiting from it, or it can be rented out and the rent divided, or they can agree on a method of usufruct that satisfies everyone.
As for the two daughters' claim for their share of the usufruct of the apartments for past years: if their silence was voluntary and they were aware of their right and there was no impediment preventing them, then this is considered their consent for their brothers to reside there without charge, and they do not have the right to claim compensation for that period. However, if their silence was not under such circumstances, then they have the right to claim compensation.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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