distribution of property Fatwa Cover

Regarding the distribution of pension and all assets of the deceased between wife, children and brothers 2832521926

Ahle Haq Bangla Media Servicedistribution of property


Question

  1. After the death of her husband, who is the legal owner of her employment pension? Only wife or children? Note that the pension will be given only to the wife of the deceased as long as she lives. That is, the condition of pension with the living or death of the wife of the deceased.
  2. “Can the income of the deceased's abandoned property (money received from house rent and lump sum of employment) be used to meet the expenses of the children (3 persons) who are unable to support him (note that the total number of children is 5, 2 persons are capable.)? That is, do the expenses of those 3 people (education, sister's marriage) have to be spent for them from what they deserve or can they spend as much as they need from the total income in the absence of a father and mother without distributing the income? Since none of the children talked about the distribution of income. ”Summary: 3 sons of the deceased are all unmarried. 2 girls. One is married. BB 1 of the deceased. There are no parents, grandparents or grandparents of the deceased. The deceased has no sister. The deceased has 1 brother above 80. 9116898997


Answer

- حامداومصلياومسلما، بسم الله الرحمن الرحيم -

Basically, with the death of a person, the owner of the deceased's property becomes his living heirs. Who will get how much, the Shari'ah has clearly stated in the Qur'an and Hadith. There is no problem if the heirs and the heirs of the deceased want to use the property in harmony without sharing it. But if one does not agree, then it will not be permissible for others to spend their wealth equally or more or less among all without allocating it. The deceased's assets include business property, real estate, cash and bank balance and pension. In the light of that statement, I hope it has become clear to what extent the wife of the deceased husband has the right to interfere in the property? Now find out who will get the share of the living relatives of the dead person? Another principle to keep in mind is that only the right of the deceased's property is associated with those who are alive at the time of death. Those who have died before that person will not get anything from this person. In the description mentioned in the question, the deceased is the closest relative left at the time of death - wife - 1 person. Son-3. Girl- 2 people. Your brother-1. While the son is alive, his brother receives nothing from the dead. So brother will get nothing. And the rest of the wife, three sons and a daughter will distribute the full property in such a way that first the wife will get eight percent of the full property (movable, immovable, cash and money kept in the bank and pension money) or one-eighth. It is to be noted that if the pension of the deceased is written only in the name of the wife, or the company allocates the pension money only to the wife, then no one else will share in the pension money. Only the wife will own it. Then the rest of the property will be divided into four parts. Three brothers will get three-fourths of that. And two sisters will get one share. Dalilah ولهن الربع مما تركتم إن لم يكن لكم ولد فإن كان لكم ولد فلهن الثمن مما تركتم من بعد وصية توصون بها أو دين • wives will inherit one-fourth of what you leave if you have no child. And if you have children, they will have one-eighth of what you leave after the will, which you do, and after you have paid off the debt. (Surat an-Nisa ': 12) يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ • (Surat an-Nisa ': 11) 3236487157

- والله اعلم باالصواب -

* This Fatwa was translated by Google Translate.
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Source

  • السرجى فى الميراث, Page: 17