Transactions & Dealings >> Inheritance & Will

Question # : 13835

India

Assalamu alaiqum.My father expired in 1994 ,my grand parents already expired at time of his death.my father married my mother after first wife expired. we are three brother and three sister form my mother and one step brother and one step sister from first mother. in property is 4.5 beegha land and one old house. mere sautele bhai ne ek beegha zameen aur aadha makaan le liya , woh aadha makaan maine unse khareed liya.ab 3.5 beegha zameen aur yeh makaan hai. meri maan abhi zinda hain. aur step sister bhi saath rahti hai. is property ka batwara kaise hoga. jazakallahu khair.

Answer : 13835

Published on: Jun 18, 2009

بسم الله الرحمن الرحيم


(Fatwa: 939/745=L/1430)


 


In the abovementioned case, after paying all due rights preceding inheritance, the entire wealth and property of your father will be divided into 96 shares, out of which 12 share will go to his widow (your mother), 14 shares to each of his sons (you three brothers and one step brother) while each daughter (your real or step sisters) will receive 7 shares.


Wife:                12


All 4 sons:         56


All 4 daughters: 28


 


Your step brother who took one beegha land and half of the house, it was wrong. He owns only the portion he inherited. The selling did not take place in the portion which he sold. He should return the amount of the extra land and house to you, so that the land and house are distributed among the heirs.



Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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