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Division of money between children after parents death.

Q:

How to divide 62 lack between 2 sons and 4 daughters. After parents death  Islamically.

A:

Salamun Alaykum

Thank you for your query.

  • If the parents of the deceased are alive or any one of them is alive, each(parent) will inherit one sixth and the wife inherits one eighth and the rest should be distributed amongst the sons and the daughters in a way that the sons receive double the share of each daughter.
  • But if parents of the deceased are not alive, then one eighth goes to the wife and the rest be distributed in the same manner as mentioned above.
  • And if the parents and wife/husband of the deceased none of them are alive then the property has to be distributed amongst the children in the same manner as mentioned above. You can check the rulings from the links given below.

Below inheritance laws according to Ayatullah al-Udhma Sayyid Ali Sistany:

Ruling 2753. If the only heirs of the deceased are his father or his mother and a number of his sons and daughters, the estate is divided into six parts: one part is inherited by his father or mother and the remainder is divided among his sons and daughters in a way that each son receives twice the share of each daughter.

www.sistani.org/english/book/48/2369/

Ruling 2782. If a man dies without any offspring, a quarter of his estate is inherited by his wife and the remainder by his other heirs. But if he has offspring from that wife or from another wife, then his wife inherits one-eighth of the estate and the remainder is inherited by his other heirs. A wife does not inherit anything from the land of a house, garden, plantation, or from any other land, neither from the land itself nor from the value of it. Furthermore, she does not inherit from what stands on the land, such as buildings and trees; she does, however, inherit from their value. The same applies to the trees, crops, and buildings that are on the land of a garden, plantation, or on any other land. However, she does inherit from the actual fruit that was present on the trees at the time of her husband’s death.

www.sistani.org/english/book/48/2372/

May Allah(swt) grant you success

Wassalam,

Syed Haider