Islamic Inheritance: Property Shares for Sons and Nephews

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Inheritance Ruling: Distribution of Estate Among Brother, Son, and Nephews

Reference: Fatāwā Rāshidiyyah, Page 595

❖ Question

What do the respected scholars say about this case:

Lutf Ali and Baloch Khan were two brothers. Baloch Khan passed away, leaving behind a son, Doda. Afterwards, Doda also passed away, leaving four sons: Ghulam Shah, Ghulam Allah, Ghulam Husain, and Ibrahim. Then, Ghulam Allah passed away, leaving behind two sons (Khuda Bakhsh and Doda), one daughter, and one grandson. At present, apart from the lineage of Baloch Khan, no other heirs remain. Please explain the division according to Shariah.

❖ Answer

Alḥamdulillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā baʿd!

The division of inheritance follows this order:

➊ First, the funeral and burial expenses are taken out.
➋ Then, if the deceased had debts, they are repaid.
➌ Then, if there is a valid will, it is executed from up to one-third of the estate.
➍ Thereafter, the remaining estate — movable or immovable — is assumed as 1 Rupee and distributed according to Shariah.

① First Death: Baloch Khan

Estate: 1 Rupee
◈ Heir: Son Doda → 1 Rupee (as residuary / ʿaṣabah)

② Second Death: Doda

Estate: 1 Rupee
Heirs:

✿ Ghulam Shah → 4 annas
✿ Ghulam Allah → 4 annas
✿ Ghulam Husain → 4 annas
✿ Ibrahim → 4 annas

③ Third Death: Ghulam Allah

Estate: 1 Rupee
Heir:

◈ Son Baloch Khan → 1 Rupee (as residuary / ʿaṣabah)

④ Fourth Death: Ghulam Husain & Ibrahim

Estate: 1 Rupee each
Heir:

◈ Nephew Baloch Khan (sole heir of each estate)

⑤ Fifth Death: Lutf Ali

Estate: 1 Rupee
Heirs:

Heir Paisa Anna Share Notes
Son Khuda Bakhsh 04 06 Residuary
Son Doda 04 06 Residuary
Daughter 02 03 Half of a son’s share
Step-grandson Baloch محروم — Excluded (lā yarith)

Note: 2 paisas remain, which will be divided into 5 parts:
✿ Each son receives 2 parts
✿ Daughter receives 1 part

⑥ Final Case

After the death of the mentioned person, when no heirs remain except the nephew, then the entire estate passes to the nephew as residuary heir.

⑦ Decimal System Distribution

Deceased: Baloch Khan
◈ Total Estate: 100
✿ Son (residuary) → 100%

Deceased: Doda
◈ Total Estate: 100
✿ Four sons (residuary) → 25% each

Deceased: Ghulam Allah
◈ Total Estate: 25
✿ Son (residuary) → 25

Deceased: Ghulam Husain
◈ Total Estate: 25
✿ Nephew (residuary) → 25

Deceased: Lutf Ali
◈ Total Estate: 100
✿ Two sons → 80% (40% each)
✿ One daughter → 20%
✿ Step-grandson → Excluded

ھذا ما عندی واللہ أعلم بالصواب