Transactions & Dealings >> Inheritance & Will

Question # : 32327

India

We are four sisters and one brother, our father died in October 1998 leaving behind one residential and one commercial building presently valued in crores, cash/bank balance and gold ornaments around 25 tolas.
The commercial property is earning substantial rent.
Are there any shares for sisters in property, rental income and other cash balance and gold ornaments?
Our brother has appropriated everything and maintains that only son is entitled to inherit all parental property. Now he is not allowing us to even visit our parental house.
We require specific Fatwa to convince our brother.

Answer : 32327

Published on: Jun 4, 2011

بسم الله الرحمن الرحيم


(Fatwa: 941/L=352/TL=1432)

Daughters too have their rights in their ancestral property as sons have. It was the practice of Jahiliyah (pre-Islamic period of ignorant) that they used to deprive daughters from inheritance. The holy Quran annulled this wrong practice by declaring the rights of sons and daughters. Your brother should not deprive your four sisters of inheritance; otherwise, he shall be liable for punishment before Allah. It is mentioned in a hadith: "If anyone takes a span of land unjustly, his neck will be encircled with it down seven earths on the Day of Resurrection." (Mishkah: p. 254)


Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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