Salaam. Respected sir my mom elder brother after the death of my mom father is managing the entire business and controlling the property from last 30 years, which is in the name of my mom fathers, the property has not been divided as per law. From this business he has acquired lots of cash and other assets. My question is the wealth which he has acquired from last 30 years without the permission of the inheritors should be include into the entire share or it should be exclude from the share at the time of division of inheritance.please help me out. Thank you.
Answer:
(Fatwa: 1696/1223/L=1431)
If your elder brother was handling the whole business after the death of your father with the consent of you people and he was taking care of all the property, then within the period of 30 years whatever earning he added shall be included in the inheritance. And all the heirs of deceased shall get their share (as per the Shari’ah) in all the inheritance including the increment.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband