Category: Inheritance (Irth)
Fatwa#: 37168
Asked Country: United Arab Emirates

Answered Date: Apr 24,2017

Title: Inheritance Query


Assalam O Alaikum,

I would like to seek guidance on a  specific case related to inheritance, A person had 6 sons & 2 daughters and he died leaving behind a big house and 1 plot of land without making any will. Let us assume A,B,C,D,E are his 5 sons & Y,Z are 2 daughters.

After his death 1 of his sons (A) sold the whole plot of land without the written consent of other shareholders.Son B wasn't married and has died leaving a will to give all his share to the elder son of his brother C (brother C has also died now).
Brother D has made a new house on some portion of his father's big house (which he claim to be his calculated share).
Brother E has died leaving wife and 3 daughters. 

Now the big house has to be distributed among the 2 alive brothers,2 dead brother's families, 2 alive sisters. & as per the will of 1 unmarried brother(his share he given to his brother's son in writing).

The main points to be considered are

1.The plot sold by son A shall be deducted from his portion in the big house as per current valuation of land???

2. The house built by brother D is jaayaz if it is within his share value?

3. The will made by brother B before death(in good health) to give all his property to his brother’s son is OK?


Kindly suggest a proper land distribution scheme for all the parties as per sharia'h.

JazzakAllah Khair


In the Name of Allah, the Most Gracious, the Most Merciful.


As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.


We observe a few ambiguities in your query. You state,


  • “A person had 6 sons…”, and then state, “Let us assume A, B, C, D, E are his 5 sons…”


Is the deceased survived by 5 sons or 6 sons?


  • “to the elder son of Brother C”


Are we to assume that Brother C has multiple sons?


Due to the intricate nature of inheritance queries, a ruling or proper land distribution scheme cannot be issued upon finding even the slightest obscurity. Kindly clarify these statement and you may resubmit your query to with complete, accurate details of the all the inheritors, surviving or otherwise. 


Furthermore, the answers to the points raised are as follows:


  1. The profit accrued by Son A by selling the plot of land will be deducted from his portion in the big house as per current valuation of the land.
  2. The house built by Son D is permissible if it is within his share value.
  3. The will made by Son B to give all his property to his brother’s son is not permissible.  



And Allah Ta’āla Knows Best


Imran Faruk

Student Darul Iftaa
Lusaka, Zambia


Checked and Approved by,
Mufti Ebrahim Desai.



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