How is the estate of a deceased man divided, who left behind a son, three daughters, and a wife, and who owned a two-story house—the first floor for him and the second for his brother—built on land jointly owned equally between him and his brother, with an empty plot of land remaining? Does the division include the entire building, or only the portion belonging to the deceased? What is the status of the land jointly owned by the heirs and the second brother?
The heirs inherit only what the deceased owned, not what his brother owned. So, if the deceased owned one of the building's floors and his share of the common land, that is what the heirs inherit. The wife receives one-eighth due to the existence of a lineal descendant (heir), and the remainder goes to the son and daughters by ta'sib (residuary heirship), with the male receiving the equivalent of the share of two females. The full brother does not inherit in the presence of a son. The floor owned by the deceased and his share of the land are divided into forty shares: the wife receives five shares, the son fourteen shares, and each daughter seven shares.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/167975