Transactions & Dealings >> Inheritance & Will

Question # : 1144

South Africa

As salaam ua lai kum Re: Inheritence Dispute My Grandfather had 2 sons and 2 daughters. He was a farmer and had many acres of agricultural land. He died leaving no official will 38 years ago. For many years whilst my mother was alive, she had tried unsuccessfully to wind up the estate. This was not done since she and her brothers never agreed on a value - she always felt that she was getting short changed. To add to this problem - She was in South Africa and her brothers in India. My mother is now late and i want to finally finalize this matter. The brothers have subsequently split the entire estate between them. Questions:- What is the shariah ruling on:- The brothers spliting the estate betweem them? How do we split this estate? Is she entitled to Land or monetry vale of land? Should this be taken at historical or current value? What abouth the proceeds from the farm for the past 38years after my grandfather passed away? If they were subsequently re-invested in more properties - Do i have any rights over that? Looking forward to your shariah compliant reply

Answer : 1144

Published on: Sep 6, 2007

بسم الله الرحمن الرحيم

(Fatwa: 1082/826=H)


Whom your grandfather survived at the time of his death. Please, mention all these relatives with their names. Then, who died among his heirs and whom he survived; mention their names as well. Then, who died and whom he left behind and so on. Please, provide full details of the heirs then in-sha-Allah you will be replied.  

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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