Question # : 150284
India
Answer : 150284
Published on: Apr 26, 2017
بسم الله الرحمن الرحيم
(Fatwa: 646/527/D=7/1438)
If the wife is alive then she shall also have her share. Thus now it shall be divided into 16 shares. Out of the total, the wife shall get 2 shares, while 2-2 shares shall go to each son and each daughter shall get 1-1 share. The Shariah division of the property is as follows:
Details:
Wife: 1x2 = 02
Sons: 6x2 = 12
Daughters: 2x1 = 02
Total: 16 Shares
If the total amount is twenty crore then the wife shall get 2.5 crore, each son shall get 2.5 crore and each daughter shall get 1.25 crore.
Note: The amount which the wife gets should be used in her needs and the rest one should be saved and after her death it shall be distributed as inheritance. And if the mother is in her sense and wants to gift it to the children then she can give it to the son or daughter whom she wishes. Keeping in mind her need she can give it in different quantity, but it is mustahab to give equal share to each son and daughter. But if she died in the same illness, then only hibah (gift) up to one third shall be valid.
Allah knows Best!
Darul Ifta,
Darul Uloom Deoband
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