A expired in May 1962 leaving 8 sons and 2 daughters(one married).First 2 elder sons took the charge of two shops of father and brought up all the others brothers and sisters from the income of that two shops. Now in the year 2010 all brothers are established on there own with there own family.In 2008 the second brother-in-law on behalf of second sister demanded from the whole existing property and that also with present valuation of the property. Will he be geting as per shariah or from the present valuation of the two shops or from the whole property(as per present valuation) or from the property left in 1962 by father?

Answered according to Hanafi Fiqh by Darulifta-Deoband.com

بسم الله الرحمن الرحيم

(Fatwa: 1009/739/L=1431)

If the two elder sons took the two shops of their father in their care with the permission of all their brothers and sisters whether the permission was given in explicit words or implicitly, then all the heirs shall be eligible to get shares in the two shops and the property bought with the income earned through it and shall have share in all the property left by their father.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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