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Fatwa CenterInheritance of a wife, three sons and a daughter
Question
Asslamo Alaikum, Kindly guide me in light of Shariah. My father died in 1994. We inherited a shop, a factory; go down for stores and a car. Five heirs include Wife, one married son and a married daughter and two unmarried sons. The eldest married son and youngest unmarried son were empowered by all heirs to run the business; they are running the show for the last 16 years and getting their incomes out of the assets; the mother and the sisters are having monthly stipends from the income as well. Moreover, the sister was given approximately 10 lakh Rupees in three chunks for her daughter's marriage and for uplifting her husband's crumbling business; while the middle son who was already serving in Military kept his career on. In 1996 the two unmarried sons got married and the marriage expenses were incurred from the income generated through these assets. Moreover, the son serving in Military got 2 lakhs more in bits and pieces on various occasions during the last sixteen years. The money given to military son and daughter was never announced to be as part of their share in inheritance. As for now the assets from the father incomes stands at same shop, same factory, same Go down and two cars. Please help us in resolving following queries: 1) What would be the share of each family members as of today as they all are alive Mashallah? 2) What would be the status of expenses incurred on marriages of the two sons; would it be taken as part payment of their legal share; whereas it was never announced to be the part of her legal share? 3) What would be the status of expenses incurred on daughter who had her monthly stipend; would it be part of her paid share; whereas it was never announced as part of her share? 4) Is it possible to distribute the assets while the Mother is still alive Mashallah? 5) Would the benefits earned by Military son be part of the inheritance as well? 6) Status of Material in shop & go down purchased as part of the asset?
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 all the heirs are adults and in sound mind and they have an agreement between them to divide the inheritance, even by some of them renouncing all or part of their rights to others, then they are permitted to do so because it is their right and they can take it or leave it.
If the dead has no other heirs than those whom you mentioned in the question, then his wife is entitled to one-eighth and the remainder should be divided among his children, the male twice the share of the female.
As regards your question about what was spend on some heirs, then it should be counted as part of their share in the inheritance unless all the other heirs agree that what was spent on them should not be counted as part of the inheritance, since this is permissible.
It should be noted that it is not obligatory to mention that what was spent on them is part of their share in the inheritance, but, if this is done, it is better in order to prevent disputes and dissension.
With regard to the money of the brother which he got from his job, then it is not included in the inheritance; rather, it is his own money. However, anything that is bought for the store and the shop with the money of the property is included in the inheritance.
On the other hand, it is permissible to divide the inheritance before the death of the mother (the wife of the dead) unless she does not want that and no heir wanted it, and they all agreed to leave the matter as it is, in this case they are permitted to do so. But if one of them asks for the division of the inheritance, his request should be accepted.
Finally, the matter between them should be based on tolerance about what they spent on their needs from the money of the inheritance in order to preserve the spirit of affection and love between them.
Allaah Knows best.
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