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Method for Distributing Parents’ Estate

Answered as per Hanafi Fiqh by ShariahBoard.org

Assalamualaikum Warahmatullah, Respected Hazrat Mufti Sahib Damat Barakatuhum

My father passed away 8 years back in Gulbarga Shareef (Karnataka State, India). Recently (January 2017) my mother also passed away. Please make dua that may Allah Subhanahu Wa Ta‘ala forgives my parents and give them a high rank in Jannatul-Firdaus (aameen).

I have two elder brothers, I am on the third position and there is one more brother after me. We are all married. In the parents’ estate there is a farm in Aeena-Poor, a house and adjacent to the house there is a piece of land which is also in Gulbarga Shareef. We are originally from Telangana but since my father was working in the Gulbarga Court (which was previously part of Nizam’s State) our education etc. was done there. Now we only go to Gulbarga Shareef for vacation or when the crops are being harvested.

The farm is about 14 to 15 acres of which 1 acre is water and the rest is dry. The house has two levels whereas the piece of land is around 40×60 in area.

How will this estate be distributed among the inheritors? Currently in the house me and my younger brother are living on the two levels. Please provide your guidance in this matter. JazakAllah Khair

Walaikumassalam Warahmatullah

الجواب وباللہ التوفیق

May Allah Subhanahau Wa Ta‘ala bestow maghfirah upon your father and mother, may He illuminate their graves with noor and give them great ranks in Jannah, aameen. As far as the division of estate is concerned, since it has been mentioned in the question that the estate belonged to your parents, and your father passed away 8 years back, and your mother recently passed away, we would like to request the details of which of your father’s relatives were alive when he passed away. Similarly, let us know if you and your siblings were your mother’s only living relatives at the time of her death or are there any more of her relatives alive. Once this detail has bee provided, we can provide a detailed answer to your question.

فقط واللہ اعلم بالصواب

This answer was collected from Shariahboard.org. It was established under the supervision of the eminent faqih of our era, Hazrat Shah Mufti Mohammed Navalur Rahman damat barakatuhum.

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