If there are only the parents...
If there are only the parents, the mother gets one third and the father two-thirds. If there are the children only, a son gets twice the share of a daughter. If there are both parents, wife and children, then the shares will be as follows:- Father, 1/6; mother 1/6; wife 1/8; and the remaining 13/24 will be divided among the children, a son getting double of what a daughter gets.
If there are only brothers, sisters and wife, the wife gets 1/4; and the residue is divided among the brothers and sisters. If there are only brothers and sisters, the estate is divided as in case of children (a brothers getting double of a sister). Of course, there are many details involved. Why not look into an English book of Masa 'ill Q. 45: DOES A GRANDCHILD INHERIT IN PRESENCE OF A SON OR A DAUGHTER? A son dies in the life-time of his father. The father has other sons and daughters.
After the death of the father, would the children of the deceased son inherit along with their uncles and aunts? A: No. Nearer heirs exclude the remoter ones from inheritance. Sons and daughters, being nearer to their father, exclude his grandchildren from inheritance because they are one degree removed.
However, it is very much emphasized that the grandfather should give them a part of his estate through wasiyyat or gift; it would be in keeping with the obligation of Sila-e-Rihm, and in accordance with the Islamic mercy. Q. 46: Distribution of deceased's estate: Mr. A. was drowned. Beneficiaries of his estate are as under: Father (died after one month).
Mother Wife Son - (underage, minor) Daughter daughter - (Underage, minor) Daughter - (Underage, minor) Distribution of Cash/Bank balances was made as under: Principal amount, after paying the Khums due, wasdistributed as under:- Estate of the Father 1/6th Mother 1/6th Wife 1/8th After that, the balance was divided among the children, 2/5 going to the son, and the 3 daughters getting 1/5 each During his life-time, the said Mr.
A had bought a plot and started constructing a house for his own residence. The work was in progress when he died. The work was was completed after the deceaseds father died. After the construction was completed, the deceased's family decided as under:- (a)To stay at the ground-floor of the house. (b)To give on rent the 1st floor to one of the brothers of the deceased. Now The following questions are to be resolved: Can the family of the deceased stay in the said house without paying any rent?