Transactions & Dealings >> Inheritance & Will

Question # : 31722

India

This is regarding the Warasat of a property of my wife. Her grand father (Dada) had left huge urban and agricultural property in Meerut. He had four sons and three daughters and all of them were alive at the time of his death.. Her father was his eldest son who took charge of all the properties but he did not distribute the property during his life time. Her father expired, leaving behind four sons and three daughters. Her elder brother is now looking after the property.
Now her brother has disposed off the agricultural property. He has distributed the earnings from the sale of the agricultural property to the families of his uncles (Chacha), because all of them (Chacha) have died now. Also he has distributed money from the share of her late father to all her brothers including himself but he refused to give it to his sisters. (Her two brothers and one sister have already expired.) He argues that in his family, daughters do not get share from the Warasat-property and it is at his sweet will to give or not to give any amount of money to his sisters. His wife (her Bhabi) also says that daughters do not get any share in the Aabai (inherited) property/residential house.
I have the following quarries:
1. Whether a property in a Muslim family is distributed setting his/her own family rules or according to Shariah law?
2. If Shariah law provides right to daughters in the Warasat-property, how much per cent of the property can be given to a daughter from the property of her father?
3. Is Shariah law applicable to both the agricultural and urban properties?
Kindly reply the above quarries according to Shariah Law. You may give reply in Urdu.
Rehana Begum


Answer : 31722

Published on: May 8, 2011

بسم الله الرحمن الرحيم


(Fatwa: 958/D=220/file D=1432)

(1) According to Shariah.
(2) Almighty Allah describes the share of girls in the following verse:
لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ [النساء : 11]
“For a male there is a share equal to that of two females.”
If the heirs of the father of wife are four sons and three daughters, all the property of the deceased father shall be divided into 11 shares and each son will get 2-2 shares while each daughter 1-1 share.


Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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