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Please provide me a guidance on the number of shares

Answered according to Hanafi Fiqh by AnswersToFatawa

Wa-Alaikum Salam Wa-rahmatullahi wa-barakatuh,

JaZakallahu Khair for taking time to reply my question.

  1. Is it permissible for me to get the compensation for my contribution? if so how much I can claim.

2.Please provide me a guidance on the number of shares.

  1. There is a dispute in sharing our property, as my brother and one of my sister is expecting us to compensate more than the share they supposed to get as they had physically helped in building the complex.

Wassalam,

Abdul Rahuman

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 assistsnace(3 Lakhs) for my 2 sisters and brother’s marriage.

My Brother’s contribution:
Physically helped in building the complex with the help of an Engineer. Helped in running my father’s business and went to overseas after the marriage.

Now the rental from the property is used by my mother.
My Brother’s family and my mother are saying in my house and I am working in oversears and my family stays with me.
Please guide us in sharing the family property.

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

(Disclaimer)

Ø The Shar`iah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
Ø Darul iftaa bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
Ø This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Iftaa

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.

 

We have been advised that the deceased is surviving by a wife, 2 sons and 4 daughters. Accordingly, the estate will be distributed in 48 equal shares as follows. If the deceased was also surviving by both or one of the parents or any other heirs not referred to in the question, the answer will not apply.

 

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%

The remaining 0.04 % can be redistributed according to the shares mentioned above or given into sadaqa.

You state that you want to know if you can claim compensation for your contribution. You also state that your brother and sister want a compensation for their physical contribution. Kindly provide us the following information:

  1. At the time of contribution what was your intention? Did you forward the money as a loan? Are you claiming 50% of your contribution?
  2. Why does your brother and sister feel they should be compensated for their physical contribution to the construction of the building? Was there any monetary agreement affected at the time of construction?

And Allah Ta’āla Knows Best

Hafizurrahman Fatehmahomed

Student Darul Iftaa
Netherlands

Checked and Approved by,
Mufti Ebrahim Desai

The source link of this answer has been removed. It was originally collected from Answerstofatawa.com, which no longer functions.

This answer was collected from AnswersToFatawa.com, which no longer exists. It was established by Moulana Hafizurrahman Fatehmahomed. He graduated from Jamiatul Ilm Wal Huda, Blackburn, UK with a distinction in Alimiyyah degree. He thereafter traveled to Darul Iftaa Mahmudiyyah, Durban, South Africa, to train as a Mufti under Mufti Ebrahim Desai (rah) and Mufti Husain Kadodia.

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