Source: Fatāwā Rāshidiyyah, Page 636
What do the respected scholars state regarding the issue that during his lifetime, Ḥājī Imam Bakhsh transferred his land in the name of his son Mānī Khān, although the deceased had four sons? Later, Mānī Khān passed away, leaving behind three brothers as heirs. According to the Sharī‘ah of Muḥammad ﷺ, how much share will each one receive?
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ‘alā Rasūlillāh, ammā ba‘d!
It is essential to remember that before distributing the estate of the deceased, the following must be carried out in order:
① The expenses of burial and shrouding should be deducted.
② If there are any debts, they must be repaid.
③ If a valid bequest (waṣiyyah) was made, it should be executed from up to one-third of the estate.
After this sequence, whatever remains of the property—whether movable or immovable—will be divided among the heirs.
Mānī Khān’s share is also assumed as 1 Rupee.
Heirs:
If the property originally belonged to the father (Imam Bakhsh), then the distribution will be carried out as explained above.
There is no need to separately divide the estate of Mānī Khān, because his heirs are the same three brothers.
Therefore, the combined estate of the father (Imam Bakhsh) and Mānī Khān should be considered as 100, and the three brothers will each receive equal shares.
Final Distribution:
ھذا ما عندی واللہ اعلم بالصواب
❖ Question
What do the respected scholars state regarding the issue that during his lifetime, Ḥājī Imam Bakhsh transferred his land in the name of his son Mānī Khān, although the deceased had four sons? Later, Mānī Khān passed away, leaving behind three brothers as heirs. According to the Sharī‘ah of Muḥammad ﷺ, how much share will each one receive?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ‘alā Rasūlillāh, ammā ba‘d!
It is essential to remember that before distributing the estate of the deceased, the following must be carried out in order:
① The expenses of burial and shrouding should be deducted.
② If there are any debts, they must be repaid.
③ If a valid bequest (waṣiyyah) was made, it should be executed from up to one-third of the estate.
After this sequence, whatever remains of the property—whether movable or immovable—will be divided among the heirs.
Division of Imam Bakhsh’s Estate (assumed as 1 Rupee)
- Son = 4 āna
- Son = 4 āna
- Son = 4 āna
- Son = 4 āna
After the Death of Mānī Khān
Mānī Khān’s share is also assumed as 1 Rupee.
Heirs:
- Brother = 5 āna 4 pāī
- Brother = 5 āna 4 pāī
- Brother = 5 āna 4 pāī
❖ Note
If the property originally belonged to the father (Imam Bakhsh), then the distribution will be carried out as explained above.
Modern Decimal Percentage Distribution
There is no need to separately divide the estate of Mānī Khān, because his heirs are the same three brothers.
Therefore, the combined estate of the father (Imam Bakhsh) and Mānī Khān should be considered as 100, and the three brothers will each receive equal shares.
Final Distribution:
- 3 brothers (‘Aṣabah) = 100 ÷ 3 each = 33.333% per brother
ھذا ما عندی واللہ اعلم بالصواب
