Fatwa No : 78297
Distribution of inheritance between 4 sons and 2 daughters

Distribution of inheritance between 4 sons and 2 daughters

Assalamu Alaikum wa Rahmatullahi wa Barakatuhu!
What do the scholars say about the issue that my father Hafizur Rahman Sahib passed away in 2009. At the time of his death, the deceased's heirs included four sons (Mahfoozur Rahman, Mujeebur Rahman, Masoodur Rahman, Mahmudur Rahman) and two daughters (Shafiqa and Saadia), while one daughter Saeeda Begum and his wife Raisa Begum passed away during the deceased's lifetime. After that, the deceased's son Masoodur Rahman passed away in 2022. The deceased was unmarried and his heirs include the aforementioned three brothers and two sisters. So, who will be the heirs to divide his estate? Also, how will the inheritance of the late Hafizur Rahman Sahib be divided according to Sharia law? Similarly, one daughter named Saeeda Begum of the deceased father passed away during the deceased's lifetime. Will her daughter (Faiza) share in the inheritance of the deceased?

الجوابُ حامِدا ًو مُصلیِّا ً

Let it be known that if a daughter dies during the life of her father, then in the presence of other close heirs, the children of the deceased daughter are not legally entitled to share in the deceased's estate. Therefore, the children of the daughter of the deceased father (Saeeda Begum), who died during the life of the deceased father are not legally entitled to share in the deceased's estate, nor do they have the right to demand a share from other heirs. However, if the other heirs, of their own free will, or if any heir wants to give them something from the estate, they have the right to do so, but it is not obligatory on them to do so. Whereas the son who died after the death of his deceased father was legally entitled to share in the deceased's estate, but since he has now passed away, the share he gets from the deceased father's estate will now be divided among his heirs (siblings) according to the legal shares, the method of which is as follows: The estate of the questioner’s deceased father (Hafizur Rahman) will be distributed among his heirs in accordance with the principles of inheritance in such a way that whatever movable and immovable property, gold, silver, jewelry, cash and all kinds of small and large household appliances the deceased left in his possession at the time of his death, should first be used to pay the average expenses of the deceased's burial, then to pay off the debts of the deceased, if any, and then, if the deceased has made any valid will, it will be followed up to the extent of one-third (1/3) of the remaining property, and then divide the total property into forty (40) shares, out of which ten (10) shares should be given to each son, while five (5) shares should be given to each daughter.