Transactions & Dealings >> Inheritance & Will

Question # : 26171

India

What will be the total shares for wife, 4 sons & 2 daughters?

My father had a plot and later he sold to builder and have taken 4 flats & one shop. He had register the flat with all his 4 sons name (one flat each) and one shop to mother's name. 3years before he sold one flat of my elder brother and after one month he expired. Cash is still there in Saving bank on my elder brother account and not yet utilize.

Current situation as follows:
First Son (my elder brother) - No flat for him. Only cash in his account appx. 8lacs

Second Son (my elder brother) - one flat in his name with joint of my father name. (

Third Son (myself) - one flat in my name with joint of my father name.

Fourth Son (my younger brother) - one flat in his name with joint of my father name.

Mother - one shop in her name.

Also have one flat in other area in my father's name only and not yet transferred or registered to any other person.

Before going to perform HAJ this year, my mother would like know the shares to be given to 4sons & 2daughters.

Our queries are:
1. What will be the total shares for all.
2. Will the shares be divided from the all 4 flats cash which is registerd to all 3sons (elder bro is not having a flat, but having amount only in bank saving account)
3. How the shares can be calculated. For example suppose if total property is about 60lacs appx.
4. Is it necessary to give amount in hand to all before going to perform hajj or she can do after returning from Hajj.

Waiting for your favorable reply.

Salim.
Allah Hafiz


Answer : 26171

Published on: Oct 19, 2010

بسم الله الرحمن الرحيم


(Fatwa: 1855/1483/B=1431)

(1) One flat should be purchased for the elder son with the price of the flat sold by the father. The value of flat which is in the name of father shall be divided into eighty parts according to Shariah, out of which the mother shall get 10 shares, each son 14-14 shares while each sister will receive 7-7 shares.
(2) The flats registered by the father for his sons will become their property, now those flats shall not be distributed i.e. that shall not become leftover property, rather each brother and sister became its owner.
(3) In the answer 1, the shares of each have been mentioned. Each one shall get his or her share according to it.
(4) You can divide it before hajj or after it whenever you wish. It is better to divide it before hajj. No one knows when he is going to die. It is better to perform hajj after making all the dealings and accounts clear.


Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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