How is the estate of a deceased person who left a son, two daughters, and a mother divided? And is the apartment that the father bought for the son, with the consent of the heirs, and was left in the son's name, counted as part of the inheritance or not, especially since the heirs do not wish to divide it? And if it must be divided according to Sharia, is its current price or its purchase price to be considered?
To determine how an inheritance is divided, the heirs must first be identified. Then, the division of the inheritance can be calculated using the provided link. If the heirs are limited to the wife, one son, and two daughters, then the wife receives one-eighth as a prescribed share due to the presence of a descendant heir. This is based on the verse: "But if you have a child, then for them [i.e., your wives] is one-eighth of what you leave, after any bequest you [may have] made or debt." The remainder is for the son and the two daughters by way of ta'sib (residuary heirship), with the male receiving the share of two females, based on the verse: "Allah instructs you concerning your children: for the male, what is equal to the share of two females."
The inheritance is divided into 32 shares: 4 for the wife, 14 for the son, and 7 for each daughter. As for the apartment, if the buyer took possession of it during the father's lifetime, while he was not suffering from a life-threatening illness, and it was registered in his name, and he dealt with it as an owner, then it is his property and does not fall within the inheritance. However, if he did not take possession of it until the father passed away, then it is considered part of the inheritance and is divided among the heirs. It should be noted that if the father did not act justly among his children in a gift, then the gift is considered unfair and is to be revoked by some scholars, even after his death.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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