Transactions & Dealings >> Inheritance & Will

Question # : 14142

India

assallamalaikum, we are mother, 5 brothers & 3 sisters my father expired in 2001, during his life time he owned many properties some ancestrial and some his own purchased. he during his life time i.e. 1994 transferd a portion to the extent of 10 acres out of his own purchased 12 acres land in equal proportion to all his 5 sons and handed over the possesion to his five sons, remain 2 acres still exsists in his name. my question is wether my sisters are claiments to this perticular 10 acres land ? or as to how do we do with this perticular land as per sharia?

Answer : 14142

Published on: Jul 6, 2009

بسم الله الرحمن الرحيم


(Fatwa: 1047/1047=M/1430)


 


Your father, in his lifetime, distributed ten acres of land among his five sons equally and gave the land in their possession. So, all of them have become owner of their shares. Now, the sisters cannot lay any demand in this ten acre land, though the father should have included the daughters as equal partners; so that there is equal conduct with all of the children. The father was wrong by not giving any share to the daughters. However, now the left two acre land is the property of the father, all the heirs i.e. wife, sons and daughters (mother, brothers and sisters) will have their shares therein. As per the Shariah, after due rights preceding inheritance, it will be distributed in 104 shares. Out of the total, 13 shares will go to your mother, 14-14 shares to each brother and 7-7 shares to each sister.


Mother:             13


5 Brothers:        70 (14 Shares each)


3 Sisters:           21 (7 shares each)



Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

Related Question