| I have a question on sharing our family property. Property details : It is a complex which comprises of two houses and four shops. Family details : Mother, four sisters and two brothers including me. My father had passed away. My contribution : The complex land was bought by my father 25 years back. With the grace of Allah, I had given 50% of money for building the complex 10 years back and provided monitory assistance(3 Lakhs) for my 2 sisters and brother’s marriage. My Brother’s contribution: Now the rental from the property is used by my mother. |
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
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| Ø The Shar`iah ruling herein given is based specifically on the question posed and should be read in conjunction with the question. |
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According to the Islamic Law of Succession and Inheritance, distribution of an estate will only commence after funeral expenses, debts (including legal costs) and bequests (if any) made to non-heirs – which will not exceed one-third(1/3) of the Estate after debts and funeral expenses have been settled. Thereafter, all assets form part of the Nett Estate and will have to be distributed according to the Islamic Law of Succession and Inheritance.
| Beneficiaries | Share Portfolio | Share percentage |
| Wife | 8 | 16.66% |
| Son | 10 | 20.83% |
| Son | 10 | 20.83% |
| Daughter | 5 | 10.41% |
| Daughter | 5 | 10.41% |
| Daughter | 5 | 10.41% |
| Daughter | 5 | 10.41% |
| Total | 48 | 99.96% |
And Allah Ta’āla Knows Best
Hafizurrahman Fatehmahomed
Student Darul Iftaa
Netherland
Checked and Approved by,
Mufti Ebrahim Desai.