How Property Of A Deceased Person Will Be Divided?

Society Religion & Philosophy
, , , , , , , , , , , , , , , ,
1

:salam2:

If a deceased person left as heir neither a descendant nor an ascendant, then:

1- Who will be his of her legal heir?
2- How will be his of her property will be divided?

And is it stated in the Holy Qur’an and / or Hadith? Share your knowledge :jazak:

2

Re: How Property Of A Deceased Person Will Be Divided?

Walaikumussalam warahamtullah

I am very much concerned about this matter!! People usually take this matter very easy..though its given in surah nisa in very detail..
Rest i dont understand very much the process of sharing..only the sharing of son and daughter i understand..

3

Re: How Property Of A Deceased Person Will Be Divided?

there is a chain of inheritance in Islam. immidiate relatives to farthest relatives in order of blood lineage.

if the person happens to be the ONLY surviving person [hardly ever is the case] then the properties will go to the the Islamic Government Treasury and/or, in it's absence, to a Muslim Waqf Board.

it happened in India after the families migrated to Pakistan. their properties were either confiscated by the government or attached to the Muslim Waqf Board.

even today, there are hundreds of thousand of properties are in the hands of Muslim Waqf Boards run by the elected respected members of the Muslim Community.

Late Madam Noor JahaN used to live in a large house belonging to the Waqf Board in Mumbai which was later occupied by my uncle [story and dialogue writer of Bollywood's legendary movie 'ChaudhviN kaa Chand']. Madam Noor JahaN and my uncle were close friends.

4

Re: How Property Of A Deceased Person Will Be Divided?

Peace All,

The closet verse which I found in the Holy Qur'an is from Chapter 4 Verse 176. Interpretation of Mr. Abdullah Y. Ali is as follow:-

[quote]

This verse supplements the rule of inheritance to the estate of a deceased person who has left as heir neither a descendant nor an ascendant. We shall call such a person A, who may be either a male or a female. In Chapter 4 Verse 12 (second half), A's case was considered where he had left uterine brothers or sisters. Here A's case is considered where he has left brothers and/or sisters by the father's side, whether the mother was the same or not "Brothers" and "Sisters" in this verse must be construed to be such brothers and sisters.

For the sake of clearness, the commentator expanded the terse language of the original in the translation. He explain it more correctly in this note. A, and "Brother" and "Sister" being strictly defined as above, he proceed to consider how A's inheritance would be divided.

  • If A left a widow or widower, the widow's or widower's share would first be calculated as in the first half of Chapter 4 Verse 12;
  • if A left no spouse, this calculation would not be necessary.
  • Then if A left a single "sister" she would have a half share, the remaining half (in so far as it, or a part of it, does not fall to a spouse, if any) going to remoter heirs;
  • if a single "brother", they divide the whole (subject to, etc.).
  • if A left two or more "sisters", they get between them two-thirds, subject to the spouse's right, if any.
  • If A left a "brother" and "sister", or "brothers", and "sisters", they divide on the basis that each "brother's" share in twice that of the "sister" (subject to, etc.).

In all cases debts, funeral expenses and legacies (to the amount allowed) have priority as in Chapter 4 Verse 12.

[/quote]