Inheritance of two sons and a daughter

13-8-2013 | IslamWeb

Question:

Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have male relatives who are entitled to inherit: (A son) Number 2 -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 1 - Additional information : My Father in law is dead he had had a old house which was on rent in which we leave ( our family and husbands big brothers family) . The old house is being constructed by the builder and we are getting a flat Which the 2 brother has distributed equally ( My Husband and his brother) for which we both have to pay a amount of Rs. 6 lakhs. My husband has Sister. Please suggest us what is the share of the Sister in this matterThe house was on rent first but being a old tennat after the construction of building the flat is in ownership

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

If there is no heir other than those mentioned in the question, then, in principle, the daughter inherits from the estate of her father half of what either of her two brothers inherits as Allaah says (what means): {Allaah instructs you concerning your children [i.e. their portions of inheritance]: for the male, what is equal to the share of two females.}[Quran 4:11]

Therefore, you should try to agree with her regarding her share, whether she would take a portion from the apartment and pay according to her share as you have paid, or that you would compensate her for her right.

Allaah Knows best.