Q: How would you divide an estate where a man only has a wife and two daughters? The man had a mentally retarded brother who was never married and has already passed on. Will the grandson also inherit if his mother is still alive?
A: Did the mayyit have any sisters, and did the mentally retarded brother pass away before him?
And Allah Ta'ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)
Q: The man is still alive and this is for purposes of estate planning. He has no sisters. The mentally retarded brother has already passed away.
A: If his only heirs are his wife and two daughters and he has no paternal male cousins etc. then the estate will be divided into 16 equal shares and distributed as follows:
Wife will receive 2 shares
Each daughter will receive 7 shares
And Allah Ta'ala (الله تعالى) knows best.
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