Transactions & Dealings >> Inheritance & Will

Question # : 33035

India

Our father died in 1990. He was the owner and editor of a newspaper. He left behind our mother three brothers and three sisters. Before his death, he gave four plots each to his sons and daughters in a colony. He left behind some residential plots, few buildings, agricultural land, bank deposits and two cars.

After the death of father the business is being run by brothers, [sisters gave logistical and financial support to the business in initial years]. The brothers have purchased property from the profit of the same business. The inheritance of the father has not been distributed yet. My question is:
(1) What is the share of each of us in father's property?
(2) Will the four plots given before the death be included in inheritance? Brothers say that your shares are given by the father that are four plots, now you do not have any rights. Is it correct as per Shariah?
(3) What is the share of sisters in newspaper business? Can we ask for share in profits of last 21 years?
(4) Can we sisters have share in the property purchased from business?

Answer : 33035

Published on: Jul 14, 2011

بسم الله الرحمن الرحيم


(Fatwa: 1340/D=266/File-D=1432)

From the property and wealth of the deceased father, first his debts shall be paid (if he had), then his will shall be implemented from his one-third wealth (if he made any lawful will). Then, all his property including goods, land, business and cash shall be divided into 72 shares. His wife shall get 9 shares, his sons 14-14 shares each while daughters 7-7 shares each.

Detail:
Wife: 1x09 = 09
Sons: 3x14 = 42
Daughter: 3x07 = 21
Total: 72 Shares

(2) If he, before his death, gifted the four plots to his sons and daughters and made them the owner by giving in their possession and withdrew himself from it completely, then the plots went into the possession of those whom he gifted. It shall not be included into the inheritance. But, if he gifted it verbally and did not give into their possession, then it shall be included into inheritance and will be distributed among heirs.
(3) What is the nature of newspaper business? What did the boys did in it and what is the nature of income? Write it clearly and submit the question again.


Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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