Inheritance in muslim family - father's brother's property


Hello,

We are a Muslim family and hence the  question is related to property inheritance with regards to Muslim Personal Law/inheritance.

My father has 6 brothers and 2 sisters.

My father died in 2010. Other 4 brothers and one sister died before him. One sister died around 2015

The last brother (my chacha) died last year. He was unmarried and hence no wife/kids.

The question is with regards to our inheritance to his property.

 

I now have my sisters, my cousin brothers (my father’s brother’s sons) and my cousin sisters.

I am listing below the currently alive sons/cousins –

Our family – 1 son, 2 daughters

Father’s first brother – 4 sons, 1 sister, 1 mother

Second brother – 2 sons

Third brother – Didn’t marry – no wife/sons

Fourth – Father’s sister – 2 Daughters

Fifth – Father’s sister – 2 Sons

Sixth brother -2 sons

Questions -

  1. Can you advise us the correct Islamic basis/Shariah Law of property distribution for the above people – the correct percentage distribution.
  2. One of my father’s sister does not have any sons, then as per Islamic law – Do we have some right in her share of property?
  3. Do my sisters and cousin have any rights in the property of the Father’s unmarried brother?
 
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LAWYER

You have put it in a confusing way,.The property is joint and ancestral?

Or the property belongs to your father ?

 
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Hi, I have mentioned in the post. The question is with regards to we - brothers and sisters inheriting my father' brothers property and assets
 
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The property stands in whose name. If it stands in Ur fathers name Ur father's sisters or brothers no one inherits because in Islam doesn't recognises ancestral or joint family property concept So if property stands in Ur fathers name u and Ur two sisters inherit it. U get twice share then Ur sisters inherit.i.e if u get 2rs Ur sisters get 1rs share.
 
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Ur mother is alive or not
 
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LAWYER

SInce the property of your  deceased Uncle was inherited so it would be divied as under if  he died with out leavimg a will;

Your uncle "U "   had 5 brothers-   A,B,C,D,E,F  and two sisters  X& Y

DEVIDE PROPERTY OF U INTO 6 PARTS AND DIVIDE AS UNDER;

A -1 part ,B-1 Part  C- 1 Part,D- 1 Part and E- 1 part

X - half and Y- Half

Then the property above will be divided among the the children accordingly that is between you the cousins.

For example your family has one son and two daughters and if miother is there she has also share;

You will divide your 1 Part into two  equal parts ;

One Part will go to son and other one part  half to each daughter.

 

 

 

 

 

 
Reply   
 

Thank you for your kind responses.

To answer the questions asked  - 

We are a Sunni Muslim Family. My Mother is alive.

I have no confusion with regards to the distribution within my own family - Thank you for confirming though.

The questions I have asked pertain to my extended family - I am putting them again here for more clarity

In my uncle's (Chacha) property/assets - Do his sister's daughters have any rights? I am asking this again as Bilal has that the sister's (my aunts) too have rights. I have been given to understand by my cousin brothers that none of our sisters (mine as well as cousin sisters) will have no rights in my Uncle's property.

 

 
Reply   
 
LAWYER

That is wrong.The property of your uncle shall be divded as i gave the ratios. Since he had no sucessors the property where from it sourced would go back ,that is why i mentioned inherited property.

Assume when the property was divided among your father and his brothers they were only seven share holders i.e. five brothers and two sisters ,how would that been divided same is the position now. However there is concept that daughters don't have share that is wrong if one don't want to give that is other thing.

Sura NISA in Holy Quran spacifically mentions the share distribution. On must be careful whlle dividing property as this is the matter of Faith the imaan.

I have given you the correct ratios  rest Allah Knows  everything.

 
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Thank you Everyone and particularly Bilal

To re-confirm - In the property and assets of my bachelor uncle -

1. All nephews and neices will have rights.

2. The division should be on the basis of per family and not individuals - which means if one of the uncle's has 2 sons - yet they will get one part and they will have to share it among themselves

3. The Aunt's family will get half of what Uncle's or my family will get.

Thank you so much for your time.

 
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LAWYER

You are welcome.


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