Transactions & Dealings >> Inheritance & Will

Question # : 18584

India

In the name of Allah most gracious, most merciful Please give the opinion of the jurist for the following 1. K. Abdul rehman died on 31-12-1978 at the time of his death he left behind 1 wife 4 son 2 daughters. 2. K. Abdul rehman has left behind 8.5 acre of agricultural land. One house, one revenue generating floor mill. 3. After the death of k. Abdul rehman. All the property was register to his wife because all his children where minor. 4. On 13-12-2004 wife of k. abdul rehman died. 5. Know the entire inheritance should be distributed between 4 sons and 2 daughters only. Which is in the name of the wife of k. Abdul rehman. Answer to the following 1. how much does 4 son and 2 daughter will get 2. From 1978 till know the entire agricultural land and floor mill is been manage by the elder brother, from this property he has generated income and purchase other property, with out the concern of the brothers and sisters. Should his income and property been included in the inheritance or not. If yes, then if he question about his hard work then what will be the solution for this. 3. Valuation of the entire property and distributing the share in the form of money is batter or just distributing the area is better. Because the agricultural land is situated at different location and its value also differs.

Answer : 18584

Published on: Feb 23, 2010

بسم الله الرحمن الرحيم


(Fatwa: 187/179/H=1431)


 


It was not right what the elder son did without the consultation of other heirs (i.e. mother, brother and sister) and against their will . However, other heirs like brother and sister have no rights in the growth raised by his labour and hard work. The real property and other wealth left by parents shall be divided into ten shares, and 2-2- shares shall go to each son, while 1-1- share to each daughter. Now divide the property as soon as possible and hand over the shares of each heir into his or her full possession. However, regarding the method of division it should be kept in mind that some heirs should be given cash while some property and then keeping in view the value of the property the difference shall be levelled by compensation. All these forms of division are correct. But you are advised to obtain the service of one or two Aalim and one advocate who is expert in the matter of division and it would be far better if after division the position of each heir?s share is mentioned in official papers.



Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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