distribution of estate of my late aunt, some heirs have recently passed away - does it affect initial distribution?
Question:
I have had correspondence regarding this issue with your late father hazrat Mufti Ebrahim (may Allah fill his qabr with noor and grant him the highest stages in the aakhira ameen). He had issued me with a fatwa and a certificate at the time with regards to the proportions due to the Shari heirs. At that time my aunt was survived by one brother and two sisters. The attorney was busy with the admin relating to the winding up of the estate. Unfortunately as these things usually go, it has been a very long drawn out process, with numerous delays and added to that the pandemic which resulted in backlogs at the masters office. The estate therefore has not been finalized as yet.
In the process however, my uncle who was the majority inheritor, passed away.
The family would like to know if and how this affects the redistribution of the estate. Will a new ruling / fatwa need to be drawn up and if so, can you possibly assist with this?
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
We have reviewed the issue in reference and advise that the redistribution of the estate will only affect your uncle. No change will be accorded to the shares of his two sisters unless they are valid legal heirs of your uncle. Kindly forward us the details of your uncle's rightful Shar'ee heirs in order to finalize the necessary amendments to the original shariah certificate of inheritance to the estate of your late Aunt.
and Allah Ta'ala Knows Best
Mufti Ismail Desai
Darul Iftaa
Durban, South Africa
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