Inheritance- when ones have only daughters (no son)
A Brief Description of the Question:
I have three questions about inheritance that who does not have a son: 1. A person has 2 daughters, a wife, 2 brothers, 2 sisters, mother and father. After the person’s death how the property will be distributed to the survivor? 2. If the asset distributed to the survivor relatives, how could the widow and the minor daughters live with a small amount? 3. Is it unlawful to make a will that after his death the house (1 house where wife kids live) will get wife and daughters only?
The Answer:
The answer for your first question:
If the dying is man:
All of his property is accepted as 27 parts.
Each of his daughter gets: 8/27
His wife gets : 3/27
His father gets : 4/27
His mother gets : 4/27
There is nothing for the brother and sisters of that person, because if father and mother still live, they can not get anything.
The answer for your second question:
As we expressed above, if mother and father still live, they have right to get the inheritance. The brother and sisters of that person are not to get anything.
The answer for your third question:
That will is acceptable. A person before dying can bequeath a certain amount of his property. But, ıt can not be bequeathed to the heirs. Because our Prophet said that: “It can not be bequeathed to the heir.” (Tirmizi, Vesaya 5, 2122; Nasai, Vasaya 5)
However, if he makes a donation when he is alive, -although it is not advisible-, this donation is valid.
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