(#117)
ZAID and ZAINAB both passed away in 2018. ZAID passed away first in April 2018 and ZAINAB passed away in August 2018. They had no children. Parents from both sides also passed away many years ago.
ZAID has the following LIVING relatives: One Full Brother, Two Full Sisters and One Step Sister (same father, different mother)
ZAINAB has the following LIVING relatives: 3 Full Brothers and 1 Full Sister.
After ZAINAB passed away the assets left behind were collected and as are listed below:
Bank Account with Cash Balance
Family Home
Gold Jewellery
Agricultural Land
Bank Account – This was a JOINT account in BOTH names……AFTER the death of ZAID the account was transferred solely to ZAINAB Name and ZAIDS name was removed after providing the Death Certificate to the Bank.
Family Home – This is ZAIDS Ancestoral Home, During his lifetime he had transferred legal ownership of the property as a gift to his neice (His Brothers Daughter).
Gold Jewellery – This is believed to belong in its entirety to ZAINAB as this was all women’s jewellery.
Agricultural Land – There is believed to be a small peice of agricultural land in the legal ownership of ZAID.
Can you please confirm how assets should be split and to what percentage for all living relatives of ZAID and ZAINAB.
Sorry for all the trouble.
(Names and details have been changed due to confidentiality- Darul Ifta N.Z)
Answer
بسم الله الرحمن الرحيم
السلام عليكم و رحمة الله و بركاته
حامدا و مصليا و مسلما
Muhtaram
We have received your query with regards to the distribution of the estate of the late Marhum Zaid and Marhuma Zainab. Our response to your query which is based on the particulars furnished by you is as follows:
Zaid (Table 1):
After discharging primary dues such as burial expenses debts payable (if any) and from one third of the residue implementation of any bequests (outstanding Salaat etc. charities to Deeni institutions, etc.) made by the deceased Marhum Zaid, the remainder of the estate was then to be apportioned into 16 shares to be divided and shared as illustrated in the table below:
| HEIRS | SHARE PORTFOLIO | PERCENTAGE |
| WIFE | 4 | 25% |
| FULL BROTHER | 6 | 37.5 % |
| FULL SISTER | 3 | 18.75 % |
| FULL SISTER | 3 | 18.75 % |
| PATERNAL SISTER | 0 | 0% |
| TOTAL | 16 | 100 % |
Zainab (Table 2):
After discharging primary dues such as burial expenses debts payable (if any) and from one third of the residue implementation of any bequests (outstanding Salaat etc. charities to Deeni institutions, etc.) made by the deceased Marhuma Zainab, the remainder of the estate was then to be apportioned into 7 shares to be divided and shared as illustrated in the table below:
| HEIRS | SHARE PORTFOLIO | PERCENTAGE |
| FULL BROTHER | 2 | 28.57% |
| FULL BROTHER | 2 | 28.57 % |
| FULL BROTHER | 2 | 28.57 % |
| FULL SISTER | 1 | 14.28 % |
| TOTAL | 7 | 99.99 % |
Note: Due to the intricacies of rounding off the percentage to the nearest decimal point, there is a remainder of 0.01% in the total of the pecentage column. This remainder can either be given in charity as Isaale-e-Thawaab on behalf of the deceased (with the consent of the heirs) or it can be given to any of the heirs with the permission of the others or it can be redistributed according to the above percentages as far as possible.
IMPORTANT NOTE: Due to Marhuma Zainab not being present therefore her 25% portion which she inherited from her husband Marhum Zaid must also be added in her estate when distributing her estate to her heirs.
With regards to the specific assets mentioned by you:
- Joint account and cash: The money of Marhum Zaid should have been distributed according to Table 1. It was incorrect for the entire amount to be given to Marhuma Zainab as the other heirs also had a right in that money, however if all the heirs who were entitled to a share, had forfeited their rights and relinquished their share by happily granting permission to Marhuma Zainab to take the entire amount then it would have been permissible. N.B. Their permission will only be valid if they were all mature.
- Family home: If the house was gifted by Marhum Zaid whilst he was not in a terminal illness and a physical transfer took place with a formal acceptance of the niece than this house will not be included in the distribution but rather it will remain in the ownership of the niece.
- Gold Jewellery: The gold jewellery of Marhuma Zainab will be distributed to her heirs respectively.
- Agricultural land: The land of Marhum Zaid will be distributed amongst his heirs. The heirs are at liberty to do as they please with the land, provided that there is mutual agreement and consent.
And Allah Ta’ala knows best
Muhammad Irshad Motara
3rd Safr 1440
13th October 2018
Checked and approved by:
Mufti Musayyab Sahib
3rd Safr 1440
13th October 2018
