(2) If there are 4 sisters and 3 brothers, and if only one sister wishes to take the share in an ANCESTRAL AGRICULTURAL LAND and other properties, is it possible?
(3) If there were 16 bighas of agricultural land out of it 1 bigha of land has already been sold by the brothers will it also include sisters’ shares in the already sold property?
(4) If the daughters have a right in the said property, then what percentage of share will they get out of the 15 bighas of land, which include 3 brothers and 4 sisters in total?
Answer
(Fatwa: 763/736/N=1433)
(1) Yes, women have their rights in agricultural land as each legal heir has his or her share in all the things left by a deceased person. Almighty Allah says in the holy Quran:
لِّلرِّجَالِ نَصيِبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ وَلِلنِّسَاء نَصِيبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ نَصِيباً مَّفْرُوضاً [النساء : 7]
(2) Rather according to Shariah it is wajib and necessary to give the Shariah share to the brothers and sisters whether they demand it or not. Yes, if any heir gives his or her share to his or her brother or sister after taking it into his or her possession then there is no harm in it. He or she can gift it.
(3) Yes, sisters too shall have their share in it like the brothers.
(4) If the Shariah heirs are only these four sisters and three brothers then out of 15 bigha 3 bigha shall go to each brother and 1.5 bigah to each sister. The detail of division is as follows:
Details:
Sons: 3×3 = 9 bigha
Daughters: 4×1.5 = 6 bigha
Total: 15 Bigha
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband