Transactions & Dealings >> Inheritance & Will

Question # : 32777

India

My father died in 1998. He had a wife (my mother), five sons -Yunus, Faruq, Rafiq, Ilyas and Sidique and three daughters, Nasrin – myself, Naznin and Farhin.
The properties owned by my father are one house & one business shop.
The properties have not been distributed to the above heirs.
In the house, mother, Yunus, Faruq, Ilyas & Sidiq are living. Rafiq is living separately in a rented house.
Prior to my father’s death, he had married off my self and Yunus.
The business was run by my father. Rafiq and Ilyas were helping him in his business. Later after his death, Sidiq too joined the business in the same shop.
Younus & Farooq were and are doing separate business elsewhere.
After death of father, with the income from father’s shop, Naznin, Farhin Faruq, Rafiq & Ilyas got married.
The income from profits of shop owned by father, from his death to today was never shared to me.
Question is,
Am I entitled for a share in profits from the shop’s business as shop belonged to my father.

Answer : 32777

Published on: Jun 21, 2011

بسم الله الرحمن الرحيم


(Fatwa: 1259/777/H=1432)

The Shariah ruling regarding all the property of your father and the profit received on it is that after paying of the due rights preceding inheritance and provided the details of the heirs are correct, all the property and profit of the deceased shall be divided into 104 shares. The widow (your mother) shall get 13 shares, each son 14-14 shares, while each daughters will get 7-7 shares. Whatever was spent from the profit in household expenses with mutual consent of all shall not be counted in the division. Among the sons who do their own business, his personal income shall not be included in the deceased father's inheritance.

Detail:
Wife: 1x13 = 13
Son: 5x14 = 70
Daughter: 3x7 = 21
Total: 104 Shares


Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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