Transactions & Dealings >> Inheritance & Will

Question # : 17170

India

Asalamualaykum, My question is regarding inheritance laws. We are 3 sisters and 3 brothers. Mother is alive. Father expired 11 years ago. Whatever he left behind, in the form of property, cash, shares etc has still NOT been distributed amongst us. All of it is majorly controlled by 2 brothers and the mother. They have used some of it personally and some of it has been used to clear off debts of my father. Some of it remains in the form of property and also cash. My questions are: 1) How soon should the distribution of wealth be done after the death of the father. 2) Two brothers want to sell one property and use the money for business in the hope of multiplying it. They intend to give the others their original share only, after the money has been multiplied to a bigger amount. Is this permissible? If yes, under what conditions. Please reply at the earliest. JazakAllah.

Answer : 17170

Published on: Jan 4, 2010

بسم الله الرحمن الرحيم


(Fatwa: 356/1988/TB=1431)


 


The property and wealth left by father should be distributed among his heirs after his death as soon as possible. Paying the debt of father from his wealth was alright, but it was unlawful on the part of the brothers to use it in personal needs. A joint inheritance cannot be used by anyone before distribution. If they want to sell the property, they can do so only after mutual advice of all three brothers, sisters and mother. If all agree to sell, then according to the Quran, entire property will be distributed in 72 shares, out of which 9 shares will go to mother, 14-14 shares to each brother and 7-7 shares to each sister. The cash left by your father will also be distributed in the same way, likewise the money invested in share and all the articles of the house possessed by your father. Similarly, the total money earned through the inherited money also will be dealt in the same manner. In short, every thing will be distributed as per the Shariah and will be handed over to every heir. Now, he or she has full control of his or her shares whether to use or to invest in business.



Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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