Question # : 145357
Answer : 145357
Published on: Nov 17, 2016
بسم الله الرحمن الرحيم
If the above mentioned question and the details of the heirs is true, the property and house left by your mother’s parents shall be divided into six shares, after paying due rights preceding inheritance. Out of the total, each sister shall get one share while the brother shall get 2 shares. It is sheer injustice that the brother usurped all the property and did not give the sisters anything. It was not lawful for the brother to sell the house, he committed unlawful act by selling the house without the permission of his sisters. However, now it is necessary for him to distribute the amount of the sold house as per the above mentioned distribution.
عن سعيد بن زيد رضي الله عنه قال : سمعت رسول الله صلى الله عليه وسلم يقول : من أخذ من حق امرئ من المسلمين شبراً بغير حق طوقه الله تعالى يوم القيامة سبع أرضين. (صحيح البخاري 1/332331 رقم: 2388 ، صحيح مسلم 2/33 ، المعجم الأوسط للطبراني 6/167 رقم: 8383)
Sa'id b. Zaid (Allah be pleased with them) reported Allah's Messenger (may peace and blessings of God be upon him) as saying: “Whoever usurps the land of somebody unjustly, his neck will be encircled with it down the seven earths on the Day of Resurrection.”
عن أنس ابن مالك رضي الله عنه قال : قال رسول الله صلى الله عليه وسلم : من فر من ميراث وارثه ، قطع الله ميراثه من الجنة يوم القيمة . (سنن ابن ماجة ، كتاب الوصايا/باب الحيف في الوصية 194 رقم: 2703 دارالفكر بيروت ، مشكاة المصابيح ، كتاب البيوع / باب الوصايا ، الفصل الثالث 266).
It was narrated from Anas bin Malik (Allah be pleased with them) that the Messenger of Allah (may peace and blessings of God be upon him) said: “Whoever tries to avoid giving the inheritance to his heirs, Allah (SWT) will deprive him of his inheritance in Paradise on the Day of Resurrection.”
Allah knows Best!
Darul Uloom Deoband
I have a question: A man dies leaving a son,3 daughters During the lifetime of the deceased man he gave 2 acres of land to share equally between the 3 daughters, and in the family house a section for the 3 daughters Many years have passed the 3 daughters died but no distribution has not been done The land is about 20 acres the question:How shold the Shares in the house be done to the 3 daughters The 2 acres of the land for the 3 daughters how that should that be divided.
A couple (my khala and khalooo) had six children, one son (eldest) and five daughters. One daughter is mentally distorted. The father MF died when youngest daughter was not matured enough. The second last daughter was disabled. The four elders decided and transfer the house in the name of mother by signing an agreement on stamp paper......In view of all this what action would be correct. What was the actions taken wrongly earlier. In case of wrong action how it can be rectified and what action children should do to rectify.