Transactions & Dealings >> Inheritance & Will

Question # : 33300

India

We were three brothers and one sister. My middle brother Zurar (he was un-married) passed away in 1981. My eldest brother Khalid passed away in 1985 (he was married, thus leaving behind his widow, one son & one daughter). My father passed away in 1996 and my mother passed away in 2004. Now it is only my elder sister and myself (with our respective families) left in this world from our family.

I would request you to kindly let me know in the light of Shariah, as to how my father's property which includes land (bagh) and house is to be divided among us as well as the jewelry which my mother left behind by her.

I would be highly obliged by your reply.

Answer : 33300

Published on: Jul 17, 2011

بسم الله الرحمن الرحيم


(Fatwa: 1477/897/H=1432)

If none of your grandfather, grandmother, nana and nani was alive at the time of your parents’ death, then only you and your sister are the heir of your late parents. Now the ruling is that after paying due rights preceding inheritance and provided the detail of heirs is correct, the property of the deceased parents shall be divided into three shares. You shall get two shares and your sister will get one share. The wife of late Khalid and his children shall not get any share in the inheritance of your deceased parents as per the Shariah. This ruling is for land, garden, jewelleries, cash and all other things that your deceased parents owned.

Detail:
Son: 1x2 = 2
Daughter: 1x1 = 1

Total: 3 Shares

Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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