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Distribution Of Inherited Land Attached To Personal Land

Answered according to Hanafi Fiqh by DarulUloomTT.net

Question: Assalamu alikum,

Dear Mufti sahib,
My father has passed away long ago , he left some piece of land , he did not make any wasiyat. we are 3 brothers and 4 sisters , we want to sell this property and distribute among us

1. There are 2 plots and one house adjacent (next) to  my father’s land , which i have ( me eldest brother)purchased with my own money ,very cheap long long ago. Now the value of that land is very high, if my brother or brother’s son asks for share from this property , do I have to give share to my brother and sisters? Or no?
2.  I have purchased 2 plots and 1 shop from my own money in another city . Do I have to give share of this property to my brothers and sisters or no?

I was in foreign country  when my father passed away ,  I have helped them  to get marry ( 2 sisters and 2 brothers)and helped 2 brothers to start their business as well. I never ask for return money.

If any one from my brother, sister or their children asking for the share from this property which i have purchased from my own money? What should I have to do ?please reply , I will be more thankful to you.
Jazakallah

3. There is an alleyway next (adjacent) to my fathers plot , we are selling this piece of land as well as its adjacent to our plot, our father used to tell us that this alleyway was used by my grand dad’s 4 or 5 brothers, so they are also partner in this plot,  All five grand parents , parents have died , some of their children even do not know that they have their share in this plot. So how can we have to distribute this alleyway’s money?
Jazakallah ,

 

Answer: Assalaamu Alaikum,

  1. The 2 plots and 1 (one) house which you purchased with your own money, and did not belong to your father, will not be divided and given to your brothers and sisters as shares. This is your personal property which you have purchased and was not left as inheritance, hence, no one can claim any share from it.
  2. The 2 plots and 1 shop you purchased with your own money from another city, will continue to be your sole property. You do not have to give any share of this property to your brothers and sisters.
    All the properties which you have purchased with your own money belongs to you and cannot be divided and given to your brothers and sisters in inheritance. They do not have any share in your property.
    If anyone from among them is asking for a share, tell them that the property is your personal property and it cannot be given to them in inheritance. If you wish to give anything, then this will be based on your kindness.
  3. If the 4 or 5 brothers of your grandfather also owned the alleyway along with your father, then they will have rights in the land when it is sold. If they have died, then their children or grandchildren should be given their shares in proportion to what they owned. If however, the alleyway was simply used by your grandfather’s brothers and were not officially owned by them, then they will not share in the inheritance of this alleyway.

And Allah Knows Best.

Mufti Waseem Khan.

12/11/2014

This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.

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