If property is divided between brother and sister after father’s death For e.g. there is one house and there is one brother and sister, after father’s death the house value is Rs. 100/-. So what will be the share of brother and sister. And the brother says to sister that whatever is your share I will pay you cash and I will keep the house. And if for e.g. from the above value if the sister receives Rs. 33/- and the brother says that he would pay her the cash amount after 5 years, then is it ok to take the same amount or the brother will have to pay more amount after 5 years.

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 553/518/SN=08/1436)

(1) In the above mentioned case, if your mother too had died then the property left by your father shall be divided into 3 shares, after paying due rights preceding inheritance. Out of the total the brother shall get 2 shares, while 1 share shall go to the sister.
(2) In case the sister on the request of the brother is ready to take the cash equal to her share instead of the share in the house and they fix some date for the payment (for example 5 years) with mutual understanding then it is right to proceed. It shall be enough to pay the settled price within the deadline and there is no need to pay extra amount.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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