Title: Shari heirs

Question: A man dies leaving behind a wife and two daughters; he has eight living nephews from four deceased brothers. Do the nephews have any Shariah right to deceased property? What will be the shares among different Shariah heirs?

Answer ID: 50236Posted on: Sep 1, 2020

Bismillah hir-Rahman nir-Rahim !

(Fatwa: 256/255/N=03/1435) (1) Since bhatija turns asbah (agnation) in case the son, grandson, father, grandfather and brothers are not available hence in the question mentioned above the bhatijas of the deceased person shall get shares provided all the brothers have died before the said person. (2) All the property of the deceased person shall be divided into 192 shares, after paying due rights preceding inheritance. Out of the total the widow shall get 24 shares, 64-64 shares shall go to each daughter, and 5-5 shares to each bhatija. The detail of division is as follows: Details: Wife: 01x24=024 Daughters: 02x64=128 Bhatijas: 08x05=040 Total: 192