Fatwa No : 82551
The procedure for the distribution of inheritance between a widow, one son, and six daughters

The procedure for the distribution of inheritance between a widow, one son, and six daughters

What do the respected scholars say regarding the following issue that my honorable father owned a property (plot). He suffered a stroke during his lifetime, and he transferred that plot in my honorable mother’s name. Now my father has passed away. The heirs include one brother, six sisters, and the mother. I kindly request a detailed answer regarding the rules of inheritance distribution in this case. May Allah reward you abundantly.

الجوابُ حامِدا ًو مُصلیِّا ً

The questioner has not clarified whether his late father had merely registered the mentioned plot in his wife’s (the questioner’s mother’s) name, or whether, during his lifetime, he had actually gifted the plot to her and formally granted her full ownership and possession of it. The answer would differ accordingly.
However, if the questioner’s late father had only registered the said plot in his wife’s (the questioner’s mother’s) name without granting her formal ownership and possession, then simply registering it in her name does not make her the legal owner according to Shariah. Rather, the plot remained in the ownership of the late father until his death. After his demise, it will be counted as part of his estate and must be distributed among all his heirs (the widow, the son, and the daughters) according to their prescribed shares in Shariah. The details of this distribution are given below:
The estate of the late father, in accordance with the principles of inheritance, will be divided among the surviving heirs in the following manner, whatever movable and immovable property, including the said plot, gold, silver, jewelry, cash, and all kinds of household belongings, small or large, the deceased left in his ownership at the time of death, should first be used to cover the reasonable expenses of his funeral and burial. Thereafter, if the deceased had any outstanding debts, they must be paid off; similarly, if the widow’s mahr (dowry amount) was still unpaid and she has not forgiven it, then that must also be settled. After this, if the deceased had made any valid will, it must be executed from up to one-third (⅓) of the remaining estate.
After these deductions, whatever remains of the estate should be divided into sixty-four (64) shares: the widow will receive eight (8) shares, the son will receive fourteen (14) shares, and each daughter will receive seven (7) shares.

مأخَذُ الفَتوی

کما فی الدرالمختار:(و تتم) الهبة (بالقبض) الكامل (و لو الموهوب شاغلا لملك الواهب لا مشغولا به) و الأصل أن الموهوب إن مشغولا بملك الواهب منع تمامها ،(5/690)۔