Islamic marriage advice and family advice

Help please after father death and about land and house left behind

Salaam brother and sisters

 

Please can someone help or point me in the right direction as I want to do the right thing in Allah eyes and by my brother and sisters I am the oldest son of the six children left behind.

 

My father passed away may his soul rest in peace couple of years ago and he has some land and house here in UK what do we do about sharing and who owns the house I have only my mother. My brother and sister believe this is there house and that I have no right over it or that it should not be in my name as I am the oldest son.. what will I have to do and who will I have to speak to to resolve this between my brother and sisters so that they know where they stand and where I stand in all this..

 

Also my grandfather passed away before my father passed away he had land and school and house in Pakistan that should have come to my dad as he was the eldest son out of the two brothers my uncle's they both didn't have any sons I am the oldest son of the oldest son what right would I have over the share that my father should have got from his father when my grandfather past away cos of illness my uncle's distributed the wealth with out including my dad or me been the oldest son

 

What can I do about both these situations I am I feel it's my right it's not for greed I am doing I want what rightfully belongs to me and what should have belonged to my dad when his father passed away.

 

Please any help or guidness in the right path to take will be apperiacted I am alone and I don't have family or other family member to help or support me in this and I want to do the right thing by God and my father and my brother and sisters eyes. Please someone help me I am in England before I was young I was not able to understand or sort these things out I didn't have any older brother to guide or help me.  I am a man now and I wanted to sort this out and do it the right way islamicly..

 

Thanks you God bless all and keep all these problems far from people

 

M

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3 Responses »

  1. Dear Brother: Islamic law has rules about inheritance. The age of the children do not matter. There is nothing in Islamic inheritance law with regard to who is the first born son, the youngest or anything like that. Unless there are specifics regarding bequests, the wife gets her share and portions to children of the deceased are based on the sex of the children. Daughters get half of what their brothers are entitled to. If there are property, funds, investments, etc. care must be taken that portions are properly given away. Bequests are critical and Muslims should take advantage of trust and estate laws if they live in the US or the UK. In Islam, a person can make bequests or gifts up to 30% of their estate to whoever they like. This can ensure that a step-child, wife, or daughter has an income that she may not be entitled to without it being stated or for a relative or friend to receive a specific item that the deceased wants them to have. The husband and wife may own property with arrangements for only the other party to receive the property entirely upon the death of the other. You should consider hiring an attorney to make sure your grandfather and your father's estate is fairly apportioned.

  2. Salaamu Alaikum
    here is what Allah says in Qur'an about inheritance in surah An Nisa

    Bismillahir Rahmanir Raheem
    Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one's estate. And if there is only one, for her is half. And for one's parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [or sisters], for his mother is a sixth, after any bequest he [may have] made or debt. Your parents or your children - you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah . Indeed, Allah is ever Knowing and Wise.

  3. Brother the routes to getting your share are open via the Islamic inheritance laws and there are plenty of websites that will give you a split, along with legal routes that you will have to follow . My advice to you is that in my experience these disputes become all consuming negative spiral and are a real source of family generational disputes. If Allah has blessed you with enough to support yourself and your mother comfortably then I would advise that you make it known to all the parties involved that this is what is right fully yours and if they decide to make a fuss and go against the sharia then don't go down the routes of courts, lawyers etc End of the day they will be accountable for steeling what is not thiers. You will live a more positive stress free life.
    Getting tied up in courts in pakistan and lawyers will take years of effort and money and I can imagine UK probate will take some time as well.

    I know my advice above is going against justice which is your right to have.But brother trust me these disputes tear families apart and in the end there is no winner

    May Allah guide you with right way forward.

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