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
