Source: Fatāwā Rāshidiyyah, p. 662
Question
① Respected scholars are requested for guidance: Ghulam Mustafa passed away and left the following heirs:
◄ 2 daughters
◄ 1 wife
◄ 1 brother
◄ 2 sisters
◄ One daughter who had already passed away during his lifetime, and this deceased daughter had a son.
② The deceased divided his house (property no. 447 and 446) into three portions during his lifetime and gifted them to his three daughters. He wrote this division down, but did not give anything to the rest of the heirs. The daughters also took possession of the house.
③ The daughter who died during her father’s lifetime was also given a portion in this house. Now, since her son is alive, will he inherit? And can the gift (hibah) given during the deceased’s lifetime be revoked or not?
Answer
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
It should be known that from the estate of the deceased, the following order is observed:
① First, the expenses of burial and shrouding are taken out.
② Then debts are paid off.
③ Thereafter, any valid will (up to one-third of the estate) is fulfilled.
④ Only after these, the inheritance is distributed among the heirs.
Estate of Ghulam Mustafa
Total estate: 1 Rupee
Shares of heirs:
◈ Two daughters: 10 annas 8 paisa (collectively)
◈ Wife: 2 annas
◈ Brother: 1 anna 8 paisa
◈ Two sisters: 1 anna 8 paisa
◈ Daughter’s son (maternal grandson): deprived
Additional Clarifications
➊ The division (hibah) that the deceased made during his lifetime is invalid, because other rightful heirs also existed. Since the wife and others have fixed shares, it is obligatory to give them their prescribed portions.
➋ The daughter who passed away during her father’s lifetime does not receive any share in inheritance.
➌ A gift (hibah) that has already been given and possession handed over cannot be taken back.
Modern Percentage Distribution
Total estate: 100
◈ Two daughters: 16.66% (3/2)
◈ Wife: 12.5% (1/8)
◈ Brother (as residuary heir): 10.42%
◈ Two sisters (as residuary heirs): 10.45% (5.21% each)
◈ Daughter’s son (maternal grandson): deprived
ھذا ما عندی واللہ أعلم بالصواب
(This is what I hold; and Allah knows best what is correct.)
