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I am asking these on behalf of my father. They are 4 brothers; my father is the eldest (63 year age) and my uncles are 50 year (Uncle 1), 48 year (Uncle 2) and 41 years (Uncle 3). My grandfather had died at an early age when my father was 28 years old and 3 brothers were 16, 14 and 6 years old. From grandfather side, we have only a home in village. My father was responsible for their upbringing since then. He actually raised them and involved them in different livelihood. My father took the responsibility of all his 3 brothers and 4 sisters. Had my father abandoned his brothers, in the past, they would not be in as good condition as now. Since my father had supported them well at the time of need, what should he be advised in the light of Shariah? Question: How to do property distribution among brothers where apparently nothing is left by their father? Note: The property is earned while working together.

Answered according to Hanafi Fiqh by Darulifta-Deoband.com

I am asking these on behalf of my father. They are 4 brothers; my father is the eldest (63 year age) and my uncles are 50 year (Uncle 1), 48 year (Uncle 2) and 41 years (Uncle 3). My grandfather had died at an early age when my father was 28 years old and 3 brothers were 16, 14 and 6 years old. From grandfather side, we have only a home in village. My father was responsible for their upbringing since then. He actually raised them and involved them in different livelihood. My father took the responsibility of all his 3 brothers and 4 sisters. Had my father abandoned his brothers, in the past, they would not be in as good condition as now. Since my father had supported them well at the time of need, what should he be advised in the light of Shariah?
Question: How to do property distribution among brothers where apparently nothing is left by their father?
Note: The property is earned while working together.

Answer

(Fatwa: 556/519/N=1434)

In the above mentioned case, if your grandfather left only his four sons and four daughters as Shariah heirs then his property including the house shall be divided into 12 shares, after paying due rights preceding inheritance. Out of the total, 2-2 shares shall go to each son and 1-1 share shall go to each daughter.

In order to reply you regarding other property except the grandfather inheritance we need some clarifications: Who bought those properties and from which income?
If there was any joint business of all the brothers and those properties were bought from the income of the joint business then was the share of each brother equal or different in the joint business?
Was the joint business started by all the brothers with their personal income or with the inheritance income? In short, provide the detailed information regarding these properties, then in-shaAllah, we shall write the reply.

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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