inheritance

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Date: Wednesday , September 15, 2011

Category

Inheritance

Title

Question

We are 2 brothers and sister who is married.

My father died 13 yrs ago. He left behind my mother, myself, my brother and sister.

He left behind house and shop and some money we recd as gratuity from govt.

My mother got pension amount and since we both brothers were not financially independent, my mother was running the house from pension.

shop and House was transfer to my mothers name on mutual agreement as she being the head of the house.

Grautuity  say 10 lac ruppes amount was deposited in bank with join account of my mother, and we two brothers.

Some money was used for my brothers marriage and house maintenace and some was used to offset payments for shop.

So we are left with say 4 lacs ruppes

After few years, when we brothers became financially well off, so my mother divided house ,
Ground floor is used by my brother and upper floor is used my myself.

House is still in my mothers name.

how will we divide my fathers property between my sister and 2 brothers and my mother.

How will  We divide house and shop since it was transfer by mutual consent to my mothers name long back.

Can I inform my mother that she has sole right on house and shop and she can give what she want as per her wish as she is  alive.

Can she divide  house between two brothers and shop to married sisters.

While remaining money ie. 4 lacs will be distributed as per islamica inheritance law.

Answer

 

Muhtaram / Muhtaramah

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

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

 

Whatever assets were left behind by your father as well as the gratuity granted to him will form part of his estate. Every heir is entitled to his/her respective share unless he/she has forfeited or compromised his/ her share.

Your father’s estate will be divided into 40 equal shares and distributed in the following manner after burial expenses, debts are paid and bequest is executed from one third of the estate:
His wife (your mother) will receive 5 shares.
Each son will receive 14 shares.
The daughter will receive 7 shares.

If all the heirs agreed that the shop and house be given to your mother and they were sane and Bāligh (mature) at the time of consent, then it will belong to her and no longer form part of your father’s estate. She may then distribute it as she desires.

However, if it was only put in your mother’s name and not given to her, then it will still remain as a part of your father’s estate. Thereafter, if all the heirs decide that the house be divided amongst the sons and the shop to the sister, it will be permissible with their joint consent.

In order to avoid problems arising in the future, it will be advisable to record the consent of all the heirs.

 

And Allah knows best
Darul Iftaa

Madrasah Inaa’miyyah

 

 

· The Sharée ruling herein given is specifically based on the question posed and should be read in conjunction with the question.

· The Darul Ifta bears no responsibility to any party who may or may not act on this answer. The Darul Ifta being hereby exempted from loss or damage howsoever caused.

· This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Ifta.

 

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