Q: My father passed away leaving behind some assets (land & money). My late father has 5 sons and 4 daughters and my mum. My questions are:
1: Who has more right over the assets, my mum, sons or daughters or a combination of those?
2: Who’s name should the assets be transferred to?
3: How do we distribute the shares (estimated value of £100,000)
4: Would it be right if my mum decides without the consent of the sons to sell some land and spend as she wills?
5: If she was to sell and spend should that about be deducted from her share from the total asset?
6: How do you calculate the shares. Above figure is only a estimate, can be more or less?
7: One of the assets is a house. If 2 sons spent £2000 on painting the house whereby it may or may not increase the value of the house (the other 3 sons were not in a position to contribute at the time) does this give the 2 sons more ownership over the house then the remaining sons? Does that also affect the shares if the house was sold?
8: Would a solution to question 7 be that to sell the house at the value it has. Distribute the shares accordingly. Then the remaining 3 sons that couldn’t contribute at the time pay their share to the other 2 brothers which would’ve been £400 that was spent on painting at the time?
1. All have equal rights in the estate.
2. To the names of all the heirs.
3. The entire estate will be divided into 16 equal shares and distributed as follows:
Wife will receive 2 shares
Each son will receive 2 shares
Each daughter will receive 1 share
5. Yes. It is wrong for her to spend before the estate is divided.
6. As no. 3
7. No. What they have done was just a gesture of kindness.
And Allah Ta’ala (الله تعالى) knows best.