Q: We are 3 brothers and 4 sisters, father and mother have passed away. Father did not do any wasiyah or will.

  1. We want to sell fathers property, which is land plot, value will be approximately 65 lakhs (six and half million rupees). How do  we divide the share?
  2. After father passed away I have bought a piece of land and a house next to my fathers plot, very cheap at that time. Now the value is much more. Do I have to give a share to my brothers and sisters?
  3. On my fathers plot I have built a house with my own money. My brothers did not pay any money and my two younger brothers were living  together with my mother and two sisters. I used to help for food for my mother, sisters, brother and medicines for my mother. One of my brothers who is married used to work and help a little bit for food and bills. Now we will break this house and sell the material and will the share the value of the plot among the three brothers? Is this right? That house cost me lot at that time, but since it is unused now its value is like scrap. (very less) Do I have to give a share from this house to my brothers and sisters?
  4. I was working in Saudi Arabia and  living with family there, regularly helping the them for food etc. I am living in England. I have paid all expenses for my two sisters and 2 brothers to get married. I have helped one brother by giving money to start his transport business. I never took any profit or the money I have helped. I have helped to my second brother with money to come to Saudi and then England to work and  settle there. 
  5. After father passed  away I have bought some other property with my own money in another town? 2 plots one shop and one flat, no income is coming from this property.
  6. After father passed away, one of my younger brothers settled in England – later in RSA and bought his own property and he is well settled, he has his own house and a small business. 
  7. The  brother in  India also has his own  house and a small business.
  8. I am the elder one living in England. I don’t have my own house in England, I am living on rental property and  still  working. If I sell all my property I can not buy half a house.
  9. My property is considered as a whole or each one is separate? The one I  have bought after father passed away is mine?
  10. All this property is considered as a sharing for all? If all property is considering as a whole then what about my brother’s property in Africa and what about my other brother’s House and business in india? Is it their own  property? And what about my property which I  have bought with my own money after father passed away?
  11. Mother did not have any property on her name. Only some gold she had which was distributed among brothers and sisters.
  12. My father did not give the share of their sisters when his father passed away. They three brothers have distributed the property among themselves. Now when we sell my fathers property, do we have to give my fathers sisters share to their children (my  father and his three sisters and two brothers have passed away)?


A: ​​

1. If at the time of the demise of your father, he was only survived by three sons and four daughters then his estate will be divided into 10 equal shares and distributed as follows:

Each son will receive 2 shares

Each daughter will receive 1 share


2. If you purchased the property then it is your land.

3. If it is your own building and you are breaking it and you are dividing the land according to your stipulated shares then it is permissible.

4. The portion of your aunts shares that were inherited should be given to them.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)