Assalamu ? Alaikum wa Rahamatulla, My father, who passed away in 1996, assigned the house constructed by him to my younger brother, my three elder sisters and me. I was named as Executor. Since 1996, my brother alone has enjoyed all the rent receipt and also taken care of all outgoings related to the property. The total receipts are much in excess of total outgoings. This year, by Allah’s guidance, I proposed to my sisters that I would pay them their 1/7 (one seventh to each) share based on the purchase offer received for the house from one of the interested buyer, forego my share and we all would transfer the property in the name of our brother. The reason being, there is no hope of my sisters getting their legitimate share in the property and that the soul of our dear father can rest in peace. Allah has made me, named as Executor, capable to pay them their share as per the law of inheritance. All of them have agreed to transfer the property in our brother’s name. One sister says that she would do everything that is desired but she will not accept the payment from me as it is against the SHARIAT. She has expressed that she would accept her share if the house is sold to the third party. She also has expressed her views that in case my brother decides to sell the property, after we transfer it in his name, he should pay legitimate amounts to all of us. She wants this to be included in the transfer deed. May I seek your guidance?
According to the Shari?ah Laws of Inheritance and Succession, if your father was survived only by three daughters and two son, his entire estate (including the house) will be divided into 7 equal shares and distributed as follows: Each son will receive 2 shares and each daughter will receive 1 share.
The rentals received also form part of the estate and should have been distributed in 7 shares as stated above. It was incorrect for your brother to use the rentals for himself. All the heirs have a legitimate claim against their amounts. They may also forfeit their amounts if they wish to. The heirs may agree on the value of the house and sell it to an outsider or sell it to your brother. If your brother agrees to purchase the house, he should make arrangements of payments with the heirs (shareholders) of the house and then have the house transferred onto his name.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai