I have a question about inheritance and distribution of family property.
I am the eldest sibling in a family of 6 brothers and 4 sisters. While my parents were alive, they distributed the family property equally amongst brothers. Each share was individually registered under the respective brother’s name and pocession handed over, but the property was still being used as a joint property. My parents’ rationale for such distribution was based on the fact that the elder brothers have contributed in:
1) The renovation and maintenance of the property over the years.
2) Marriages of sisters as well as education for some of the brothers.
Now when the property is being development by some of the brothers, some siblings are of the opinion that the distribution done by my parents was un-Islamic and should be reconsidered. The intent is to redistribute it between the brothers and sisters based on Islamic ruling.
Have my parents unintentionally committed a sin by distributing the property only amongst brothers? Can/shall we correct this by re-doing the distribution?
Or my parents’ original Will that was executed while they were alive still valid?
The brothers have intention to offer profits from the developed property as a good will gesture amongst the sisters.
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
If the property in reference was owned by one of the parents or by both parents and they gave the property to their sons —as explained by you— when they were fit and healthy, not whilst experiencing maradhul-mawt, (the terminal sickness before a person passes away/deathbed), the gift will be valid. The gifted property to each son belongs to him. The sisters do not have a right of inheritance from the gifted property. However, if the brothers offer profits to their sisters, this will be regarded as a gift from their behalf and a good gesture.[1]
And Allah Ta’āla Knows Best
AbdulMannan Nizami
Student Darul Iftaa
Chicago, IL, USA
Checked and Approved by,
Mufti Ebrahim Desai.
[1] إذَا وَهَبَ أَحَدٌ فِي مَرَضِ مَوْتِهِ شَيْئًا لِأَحَدِ وَرَثَتِهِ وَبَعْدَ وَفَاتِهِ لَمْ تُجِزْ الْوَرَثَةُ الْبَاقُونَ لَا تَصِحُّ تِلْكَ الْهِبَةُ
[مجلة الأحكام، المادة ٨٧٩]
القبض فی الہبة کالقبول فی البیع بناء علیہ تتم الہبة اذا قبض الموہوب لہ فی مجلس الہبة المال الموہوب بدون ان یقول قبلت او اتہبت عند ایجاب الواہب ای قولہ وہبتک ہذا المال
[مجلة الأحكام، المادة ۸٤١]