Assalam O Alaikum,
I would like to seek guidance on a specific case related to inheritance, A person had 6 sons & 2 daughters and he died leaving behind a big house and 1 plot of land without making any will. Let us assume A,B,C,D,E are his 5 sons & Y,Z are 2 daughters.
After his death 1 of his sons (A) sold the whole plot of land without the written consent of other shareholders.Son B wasn’t married and has died leaving a will to give all his share to the elder son of his brother C (brother C has also died now).
Brother D has made a new house on some portion of his father’s big house (which he claim to be his calculated share).
Brother E has died leaving wife and 3 daughters.
Now the big house has to be distributed among the 2 alive brothers,2 dead brother’s families, 2 alive sisters. & as per the will of 1 unmarried brother(his share he given to his brother’s son in writing).
The main points to be considered are
1.The plot sold by son A shall be deducted from his portion in the big house as per current valuation of land???
2. The house built by brother D is jaayaz if it is within his share value?
3. The will made by brother B before death(in good health) to give all his property to his brother’s son is OK?
Kindly suggest a proper land distribution scheme for all the parties as per sharia’h.
JazzakAllah Khair
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
We observe a few ambiguities in your query. You state,
- “A person had 6 sons…”, and then state, “Let us assume A, B, C, D, E are his 5 sons…”
Is the deceased survived by 5 sons or 6 sons?
- “to the elder son of Brother C”
Are we to assume that Brother C has multiple sons?
Due to the intricate nature of inheritance queries, a ruling or proper land distribution scheme cannot be issued upon finding even the slightest obscurity. Kindly clarify these statement and you may resubmit your query to admin@daruliftaa.net with complete, accurate details of the all the inheritors, surviving or otherwise.
Furthermore, the answers to the points raised are as follows:
- The profit accrued by Son A by selling the plot of land will be deducted from his portion in the big house as per current valuation of the land.
- The house built by Son D is permissible if it is within his share value.
- The will made by Son B to give all his property to his brother’s son is not permissible.
And Allah Ta’āla Knows Best
Imran Faruk
Student Darul Iftaa
Lusaka, Zambia
Checked and Approved by,
Mufti Ebrahim Desai.