Category: Inheritance
Fatwa#: 18474
Asked Country: Saudi Arabia

Answered Date: Feb 04,2010

Title: How do split the inheritance which father leaves behind?

Question

How do split the inheritance which father leaves behind?

 

My Father passed off peacefully from this world in October 24, 1991 leaving behind his wife, 4 sons and 1 daughter. In October 1992, my brothers distributed the joint properties among 4 brothers which was related with business and which was earned jointly by brothers only in father life. Old parental properties left as it was. That time also decided that mother would live with any sons on her choice and new earning and business development of brothers will be his own properties. My share amount was INR 300000.00, which I got time to time from brother for my study and marriage expenses. I was started my earning and got married in year 2002. Mean time my share amount finished which was with my brother and I bear all expenses and started care myself.

 

No we want to split my parental properties among us (house and land value INR 250000/-) which was not split in 1992. How do I split all this amongst the family by considering sister and mother? Please advise in light of Islam.

Answer

In the name of Allāh, Most Gracious, Most Merciful


Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh

 

Your father’s estate should have been distributed when he passed on in 1991. Nonetheless, his nett estate will be divided as follows:

 

The wife (your mother) will inherit 1/8th of the estate whilst the balance will be distributed amongst the brothers and sisters. This 7/8 of the balance should be divided into 9 parts. Each son will get 2 parts and the daughters will inherit 1 part. The issue of your share amount INR300,000 is not clear.

And Allāh Ta῾āla Knows Best

Wassalāmu ῾alaykum 

Mufti M. Kadwa
Checked and Approved by:

Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah

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