Distribution of Property?
Assalam u Alaikum !!!!
We have land property left by our father who has died long ago.
My family details are :
- Mother (dead)
- 3 brothers (including me) (all are alive)
- 2 sisters (alive)
When my father was alive, he legally transferred all the property to elder brother who has a wife and no children.We (two brothers) have wives and children also. Now we want to divide property according to shariah among all brothers and sisters.
Here the confusion arises that should elder brother have equal share as that of us (two brothers).I am again repeating that elder brother have no children.
Please advise me what share they are entitled to ?
- Fateh
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Ws. Best to check with your local Mufti. They should be able to work it out for u.
Salam.
Praise to Allah
If a daughter inherits – whether from her mother or her father – her share of the inheritance may vary according to the situation:
1 – If the daughter is an only child, i.e., she has no brothers or sisters (i.e., heirs who are descendents), then she has a half of the legacy of the deceased. Allaah says (interpretation of the meaning):
“…if only one, her share is a half…”
[al-Nisaa’ 4:11]
2 – If there are more than one daughter – two or more – and the deceased has no male children, then their share is two-thirds. Allaah says (interpretation of the meaning):
“…if (there are) only daughters, two or more, their share is two-thirds of the inheritance…”
[al-Nisaa’ 4:11]
3 – If there are other, male, heirs who are descendents of the deceased (one or more), then they are to be given the remainder after each person who is entitled to a share has been given that share. Her share is equal to one-half of her brother’s share (“to the male, a portion equal to that of two females”), whether they are two or whether the children include both males and females. The male takes a share equal to that of two females. Allaah says (interpretation of the meaning):
“Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females”
[al-Nisaa’ 4:11]
These are the shares which have been decreed by Allah. So it is not permissible for anyone to change any part of them, or to deprive an heir, or to bring in anyone who is not an heir, or to deprive an heir of any part of his inheritance or to give him more than the share allotted to him by sharee’ah. And Allaah knows best. May Allaah bless our Prophet Muhammad.
If a daughter inherits – whether from her mother or her father – her share of the inheritance may vary according to the situation:
1 – If the daughter is an only child, i.e., she has no brothers or sisters (i.e., heirs who are descendents), then she has a half of the legacy of the deceased. Allaah says (interpretation of the meaning):
“…if only one, her share is a half…”
[al-Nisaa’ 4:11]
2 – If there are more than one daughter – two or more – and the deceased has no male children, then their share is two-thirds. Allaah says (interpretation of the meaning):
“…if (there are) only daughters, two or more, their share is two-thirds of the inheritance…”
[al-Nisaa’ 4:11]
3 – If there are other, male, heirs who are descendents of the deceased (one or more), then they are to be given the remainder after each person who is entitled to a share has been given that share. Her share is equal to one-half of her brother’s share (“to the male, a portion equal to that of two females”), whether they are two or whether the children include both males and females. The male takes a share equal to that of two females. Allaah says (interpretation of the meaning):
“Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females”
[al-Nisaa’ 4:11]
These are the shares which have been decreed by Allah. So it is not permissible for anyone to change any part of them, or to deprive an heir, or to bring in anyone who is not an heir, or to deprive an heir of any part of his inheritance or to give him more than the share allotted to him by sharee’ah. And Allaah knows best. May Allaah bless our Prophet Muhammad.
You need to find a mufti and ask him. Actually more than 1 mufti and then also the courts of the land. I think if your father did this when he was alive, then you may not be able to do much.
If this property is in the west, you definitely cannot do anything.
Sharia would work if dad had died before transferring property.
In my personal opinion, you all should just leave the property with your older brother because he has no children to support him in his old age so he will need it more than you. You all have children and your children will support you.
5 children are heirs.
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percentage of each son or daughter of 100%
25% son
25% son
25% son
12.50% daughter
12.50% daughter
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Example: If home is sold for $400,000 breakdown would be:
100,000 son
100,000 son
100,000 son
50,000 daughter
50,000 daughter
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You can use this basic math as follows for any other sale price:
Divide total sale into 4 parts. Each son gets 25% . Each daughter gets 12.5%, half of 25%.
It does not matter who has a child or who does not.
Brothers can agree to split the total sale price of the home equally between all 5 siblings (20% each), regardless of sex. That would be a sadaqah recorded for each brother. This is permissible, and has happened, especially when the daughter cared for the surviving parent for a long period of time, if the brother(s) are well established and concerned that their sister is more in need because she may be single, divorced, in a difficult marriage, not working or in a lower income level than the brothers.
A mufti or imam may or may not be qualified to give adequate advice regarding inheritance. Inheritance is a legal matter. Therefore, it is best to seek advice from someone familiar with Islamic law. The formula above is very basic.
Also, the fact that you all have children and he doesn't means nothing. All 3 will inherit equally. And don't forget your sisters. I think your wives are behind this mess. Remember, you can get a new wife but not a new brother. No property is worth it.
My brother for exact details on inheritance according to sharia go to local mosque with brothers and sit upfront of the scholar.