Property division in a difficult situation
I have a long property matter and i am in big tension kindly give me advice according to islamic point of view.
My father has two sisters and one brother , brother is 10 years older than my father
My taya (father's big bro) had no child so my parents gave my big bro to him before twenty two years (we are four brothers including him). before 3 months my taya had gone (died) he has one wife
Now only 3 bro sis left( my father and his two sisters)
Now tell me how can we divide property???
Our whole property is:
1-Plot of Rs.3 lac on my taya and his wife's name equally
2- Shop of Rs.1 lac on my grand mother's name
3- One house of Rs.3 lac on my taya's wife name
4-We have one house of Rs.150000 (house is on my mother's name) and some cash Rs.200000
In my taya's life we did business together and suffered loss of Rs.90000 and we have closed our busines . Now loss is on our side. E.g If no loss happens we would have 290000Rs cash
Note: My father and taya did efforts equally together whole life and made this money and plots together there is no money of our grand father and grand mother and my father's sister
Now my question is 1-how much part of money and plot came from my taya to our side?? 2- We also want to give money to my big bro as he is 4th son of my father? He has right on my father and mother's property. How much we should give to him?
3-How can we divide our grand mother's property? He is dead. Efforts of my father and taya only are included in it
4-Is there any part of plot came to our side from taya's wife house of 3lac?? Home is on her name but my father's efforts are included in it.
5- How much part of money goes to my big bro?? Can we all brothers divide property in our parents life? If we can then how much part goes to my mother???
Plz tell me in point of islam and law also
Sweetboy0303
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Assalaamualaikam
In situations such as this, it's probably best to consult a lawyer or financial advisor who has experience in your country's legal system as well as in Islamic law.
Remember as well, that you are all family. Make sure that you treat each other with love and respect, and share freely.
Midnightmoon
IslamicAnswers.com editor
islamically this is how property is divided.
You take everything and make it into 3 parts. The brothers share 2 of the 3 parts and the sisters share 1 of the 3 parts.
so out of lets say 100 000 rupees you would divide like 66000 equally with the 2 brothers so 33000 rupees each and with the sisters you would divide 34000 rupees so like 17000 each.
even though your uncle died his wife is entitled to her husbands share, which when she dies will go to your brother who she raised.
The property she has with your uncle should be hers alone unless you are both in agreement that your father was financially helping out and has a share in it. if no agreement exists and is in dispute seek advise from a lawyer or just let it go for the sake of Allah.
you should visit this website its rally good in explaining the rights.
http://www.sailanmuslim.com/news/inheritance-according-to-islamic-sharia-law/
Also its important to pay out any debt owing before division and Allah knows best.
@nina
Islamically the OP and his siblings (including their old brother) do not inherit their father's taya (nor do they inherit their grandmother) while father and two sisters are still alive. In this particular case, only the taya's wife and his siblings (i.e. the OP's father and two sisters) are those who inherit him (if there is no other close relative alive--also did his mother or father died before him or after?), and only the OP's father and two sisters inherit the OP's grandmother if they are her only children and relatives.
The OP's big brother cannot inherit his father's taya--he inherits only his biological parents, and his share is equivalent to the share of two females .
There are many unanswered questions in this particular situation here, regarding real ownerships of properties and real inheritors alive, which is why they need to consult an Islamic lawyer or imam in the country where they reside in.
As salaam alaikum ,
My dear brother in islam May Allah grant jannah to your uncle (Taya). I do see some contradiction in the two responses you received about distribution. Since you mentioned rupees I am assuming you are either from India or Pakistan. If you happen to be from Pakistan, I believe you should have access to good scholars in shaa Allah so please consult with them, I mean scholars of islam especially on these matters. If you are from India I would like to let you know that the law of the government contradicts islamic law in this regard but as a Muslim in India you are allowed to practice islamic jurisprudence in this case as also allowed in the case of Muslim marriages in India. So if you are from India you should consult with a good islamic scholar there instead of not-yet-Muslim lawyers or non practicing Muslim lawyers.
Also these details are available In surah nisa and you can go through the tafseer of ibn katheer raheemahullah for your understanding.
Also, I know of a couple of imams in the USA in shaa Allah they will be able to help you. You can contact the imam of masjid in Vermont at http://www.isvt.org look up his email over there, his name is Imam islam and you can also contact imam abu baki from the islamic society of western mass and you can look up his email address on http://www.masjidma.com
May Allah guide us all to the right path and remember to be soft hearted with the other members of the family and generous irrespective of the shares.