Title: My parents died almost 3 years ago, leaving a house and belongs behind. We all are 4 brothers and a sister. 2 of my brothers want to use the inherited property and its belonging, until the division is performed

Question: My parents died almost 3 years ago, leaving a house and belongs behind. We all are 4 brothers and a sister. 2 of my brothers want to use the inherited property and its belonging, until the division is performed. Should they need to take permission to use the inherited property from all the heirs? Also, please tell me, what the Shariah says, if they do not take any permission from heirs and start using it?

Answer ID: 37226Posted on: Sep 1, 2020

Bismillah hir-Rahman nir-Rahim !

(Fatwa: 319/261/B=1433) After the death of father, his heirs become the owner of his property automatically. The four brothers and one sister shall have their rights in the house and belongings which your parents left. Until it is not distributed among the heirs no brother can use it. After division, each one shall be free to use his/her share. Whatever goods, cash, jewellery, house etc your parents left it shall be evalatued then it shall be divided into 9 shares as per the holy Quran and Hadith, out of which 2-2 shares shall go to each brother and 1 share to the sister. The Shariah division is as follows: Division Detail 4 Sons 4x2 = 8 shares 1 daughter 1x1= 1 shares Total 9 shares