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Is it fair to claim unequal shares of joint property?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
assalamu alaikkum, My grand mother (dadi)have 5 sons and 2 daughters.she had so many properties gifted by her father to her.when my grandmother was alive she gifted with written documents some propeties induvidually to all the sons and daughters and some properties jointly between sons and daughters 40 years ago.now my grandmother has died.my father and his brothers are willing to divide the jointly gifted properties into individual shares.now one of my fathers brother is saying my father do not get any share from the joint properties because in todays value(IN money terms)my fathers land gets more value than my chachas(my fathers brother)gifted by my grandmother.now please tell me wheather my chacha is correct by taking todays value for a land gifted 40 years ago. at that time noboby knows which land will get higher value.and also tell me how to divide the jointly held properties between the brothers and sisters. wassalam.


(Fatwa: 2039/338=B/1429)

What your uncle says is wrong. All the brothers have equal share in mutual properties; the uncle has to give it to them. The uncle is not allowed to usurp the rights of others. If value of the property your father owned is changed because of the changing time, the share of your father will not get nullified from the mutual property which is held by your uncle. This is the dishonesty of your uncle.

Whatever the grandmother has gifted to the sons and given in their possession it has become valid, now because of changing its value there will be no effect on the division of mutual property.

Allah (Subhana Wa Ta’ala) 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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