How is the estate distributed for a deceased woman survived by the children of her deceased sons (one of whom left two sons and three daughters, and the other left three daughters), and by four daughters?
The estate of the deceased who leaves a wife, two sons, and four daughters is distributed as follows: The wife receives one-eighth due to the presence of a lineal descendant, as Allah Almighty says: [But if you have a child, then for them is one-eighth of what you leave] (An-Nisa: 12). The remainder is divided among the children, with the male receiving the share of two females, as Allah Almighty says: [Allah instructs you concerning your children: for the male, what is equal to the share of two females] (An-Nisa: 11).
If the deceased leaves a wife, a mother, two sons, and three daughters: The wife receives one-eighth, and the mother receives one-sixth due to the presence of a lineal descendant, as Allah Almighty says: [And for his parents, to each one of them is a sixth of what he left if he has a child] (An-Nisa: 11). The remainder goes to the children by way of residuary inheritance, with the male receiving the share of two females.
If the second son (who left three daughters) dies and leaves his mother and his four sisters: The mother receives one-sixth due to the presence of a lineal descendant. His daughters receive two-thirds, as Allah Almighty says: [But if there are [only] daughters, two or more, for them is two-thirds of what he left] (An-Nisa: 11). The remainder goes to his sisters by way of residuary inheritance.
If the first man's wife dies and leaves her four daughters and her grandchildren (her sons' children and her daughters' children): The four daughters receive two-thirds, and the remainder goes to her grandchildren, with the male receiving the share of two females.
The inquirer is advised to approach the Sharia court to practically apply these rulings if the matter is real.
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- Original fatwa ID
- 59689
- Imported
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