Praise be to Allah.
If a man dies and leaves behind three daughters and brothers or nephews (brothers’ sons), the estate is to be divided as follows:
The daughters get two thirds, because Allah says (interpretation of the meaning): “if (there are) only daughters, two or more, their share is two-thirds of the inheritance” [al-Nisa’ 4:11].
The remaining third goes to the male relatives on the father’s side according to how closely related they are to the deceased. So if he has brothers, it goes to them, and if they died before him and they had sons, it goes to those sons, because the Prophet (blessings and peace of Allah be upon him) said: “Give the shares of inheritance to those who are entitled to them, and whatever is left goes to the closest male relative.” Narrated by al-Bukhaari (6732) and Muslim (1615), from the hadeeth of Ibn ‘Abbaas (may Allah be pleased with him).
It is no secret that if the deceased had a wife, she gets one eighth; if he had a father, he gets one sixth and the rest, and his presence will prevent the brothers and their sons from inheriting.
What is meant is that it is essential to know the relatives of the deceased in order to know who does and does not inherit.
And Allah knows best.
Comment