Inheritance of a lady who has no husband and no children

· 18 Dhuʻl-Qiʻdah 1439 AH1 min readEnglish

Question

My aunt has no children. Her husband has passed on. No parents. She has:

1 Brother.

1 sister.

4 nieces.

10 nephews.

Some of the nieces are from the late brother. How is her estate divided. She wants to leave her money for one nephew is this permissble.

Answer

Her estate will be divided into 3 equal shares and distributed as follows:

Brother will receive 2 shares
Sister will receive 1 share

She can make a bequest of upto one-third of her estate in favour of her nephew.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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