Transactions & Dealings >> Inheritance & Will

Question # : 35692

India

After the death of my grandfather in 1998, my father and his 4 sisters got his whole property as a heritage. Immediately after the death, some elders had called a meeting (“Panch” with only three members) and mother and decided to have distribution of the property. But, my father did not like to do so. Unintentionally he had joined and followed them (he couldn’t argue against them). He did not want to do so because his mother was alive (and still alive). Then due to absenteeism of all sisters, “Panch” members said to write a letter regarding their shares. He did so and asked about the intention, that they were accepting or not? What they wanted to do with those shares, and asked to reply immediately. But at that time in 1998, they did not reply. (Till today even after 12 – 13 years, they have not replied to that letter). When price hiked in 2008, they sold some properties, kept him (my father) strange. When he asked about that, they denied and replied that he has no right to ask about. Now he is frustrated and wants to make partition again with the contemporary values and wants to get all sold property back, because they have sold without informing him. Therefore, he has sued against all who involved and helped to sell these. He wants to remain all farming lands (as a valuable heritage and for his livelihood), and give the values to all sisters which will they get as shares. But, they are not accepting this proposal. So, please clear the points below. To sell property (heritage), keeping only son inheritor strange (in dark) is lawful in Shariah? Is distribution valid even after 13 years without response from sisters and values also have been changed? To offer sum of money instead of farming lands is lawful in Shariah (as he wants to keep as a heritage and livelihood, do not like to sell)? To make distribution again with current values is lawful or not? Please help us to get the rid of these problems with the help of Islamic law.
Property: Farming land = 8.5 acres Values = 45 lacs. INR
House = 01 nos. = 5 lacs. INR
Total Siblings: 01 Son, 02 Sisters and mother is also alive.

Answer : 35692

Published on: Dec 18, 2011

بسم الله الرحمن الرحيم


(Fatwa: 35/66/D=1433)

(1) It shall not be lawful to sell any thing from inheritance without the consent of any heir. The approval and permission of heirs is necessary.
(2) Property should be distributed as soon as possible. It is necessary to distribute it now though thirteen years have passed. But, it is necessary that the heirs or their wakil or representatives are present in the process of distribution.
(3) The original share and right of heirs shall be in farming land and each heir has right to receive and demand his/her share in the farm. However, if the heirs i.e. sisters agree to take the current price of the farm instead of farm then they may be paid its price. But they may not be forced to take price without their consent though it is farming land or other movable or immovable properties.
(4) If other heirs accept the current value and agree to take it in the form of price then it is right; otherwise it is necessary to follow the details mentioned under question no. 3.

Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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