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Shariah inheritance: How to divide property if no one wants to sell?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
My grandparents have 4 children – 3 females and 1 male. My grandmother passed away about 29 years ago and then my grandfather passed away about 13 years ago. My grandfather built a house about 35 years back with his own money and then let his elder daughter construct a house on the first floor at the same premise about 28 years back. The first floor house was completely constructed by her own money. Now the son stays in the ground floor with his family and the eldest daughter stays in the first floor with her family. The other 2 sisters stay elsewhere. How should we divide this property in terms of Shariah law? None of the siblings are willing to sell the property?

بسم الله الرحمن الرحيم

(Fatwa: 354/347/H=4/1438)

In case the detail of the heirs is correct, then after paying due rights preceding inheritance, all the property of the grandparents (house and other property of them) shall be divided into five shares. Out of which 2 shares shall go to the only son, while each of the three daughters shall get 1-1 share. If you are not ready to sell the property then divide all the property into five shares and fix the share of each one and whatsoever difference occurs in respect to price it should be made up by taking amount from each other. The house which the elder sister built on the first floor it shall not be included in the property of grandparents and thus it won’t be divided rather other property shall be divided except this one because the elder daughter is the sole owner of the house which she built with her own money.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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