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

Answered Date: Apr 24,2017

Title: Inheritance Query

Question

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

Answer

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 admin@daruliftaa.net 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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