Land distribution

Answered according to Hanafi Fiqh by Askimam.org

 

My father has passed away long ago , he left some piece of land , he did not make any wasiyat. we are 3 brothers and 4 sisters , we want to sell this property and distribute among us

 

1. There are 2 plots and one house adjacent (next) to  my father’s land , which i have ( me eldest brother)purchased with my own money ,very cheap long long ago. Now the value of that land is very high, if my brother or brother’s son asks for share from this property , do I have to give share to my brother and sisters? Or no?

 

2.  I have purchased 2 plots and 1 shop from my own money in another city . Do I have to give share of this property to my brothers and sisters or no? 

 

I was in foreign country  when my father passed away ,  I have helped them  to get marry ( 2 sisters and 2 brothers)and helped 2 brothers to start their business as well. I never ask for return money.

 

If any one from my brother, sister or their children asking for the share from this property which i have purchased from my own money? What should I have to do ?please reply , I will be more thankful to you.

 

 

3. There is an alleyway next (adjacent) to my fathers plot , we are selling this piece of land as well as its adjacent to our plot, our father used to tell us that this alleyway was used by my grand dad’s 4 or 5 brothers, so they are also partner in this plot,  All five grand parents , parents have died , some of their children even do not know that they have their share in this plot. So how can we have to distribute this alleyway’s money?

 

 

Answer

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

 

Assalāmu ‘alaykum wa rahmatullāhi wa barakātuh

 

In order for us to advise you on how to distribute the land left by your father according to the Shar‘ī laws of Inheritance and Succession, inform us if at the time of his death, your father was survived by his wife.

With regards to your last question, it is unclear whether your grandfather’s brothers had a share in the alleyway or it was merely used by them. Was the plot of land and alleyway left by your father purchased exclusively by him, or was it jointly purchased, or inherited? Please clarify.

If you bought property or land that was not part of your father’s estate with your own money, that is exclusively in your ownership, and you are under no obligation to share it with your relatives, and they have no right to demand it from you. You may share any of your land/property with them out of your free choice.

And Allah Ta‘ālā Knows Best

Zameelur Rahman

Student Darul Iftaa
UK

Checked and Approved by,
Mufti Ebrahim Desai.

www.daruliftaa.net

 

 

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