Answer:
(Fatwa: 187/179/H=1431)
It was not right what the elder son did without the consultation of other heirs (i.e. mother, brother and sister) and against their will . However, other heirs like brother and sister have no rights in the growth raised by his labour and hard work. The real property and other wealth left by parents shall be divided into ten shares, and 2-2- shares shall go to each son, while 1-1- share to each daughter. Now divide the property as soon as possible and hand over the shares of each heir into his or her full possession. However, regarding the method of division it should be kept in mind that some heirs should be given cash while some property and then keeping in view the value of the property the difference shall be levelled by compensation. All these forms of division are correct. But you are advised to obtain the service of one or two Aalim and one advocate who is expert in the matter of division and it would be far better if after division the position of each heir’s share is mentioned in official papers.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband
