Property inheritance as per Sharia law
Assalamu Alyku,
Sir, My father expired while I was schooling, he had purchased a old house in my mother's name. After few years myself and my mother demolished the old house and constructed a new one. 90% of the investment was from my side. I have 3 sisters and all are married. Can you advice what will be my mother's share, my sisters share and my share as per shariah?
ahmedshabbeer
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Assalamualaikum,
Brother, I will ADVISE, but not claim that I am correct.
If your father purchased the property under your mother's name, then it belongs to your mother and not your father. So the property belongs to her. The investment you made towards the reconstruction, I am not sure if that will be considered while dividing, because the land belongs to your mother.
So, you will inherit from your mother if she leaves it behind.
The property will be divided into 5 parts, 2 will go to you and 1 to each of your sisters.
Allah Said:
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 (4:11)
This is Islamic law of inheritence. But I am not sure about the expenses of reconstruction. You may have to ask a qualified scholar about it.
Abu Abdul Bari
IslamicAnswers.com Editor
Aswak,
If the property was still belonging to your father, then your mother will be having 14 % of the total property, then pending amount will be divided among you and your sister.
For example... If the total value of father's property was 100 $
Your mother will get 14 $
Remaining amount 86 $ should be divided into 5 shares which will be approx 17.2 $
You will have two share i.e 17.2 x 2 = 34.4 $
and each of you sister will have one share i.e 17.2 $.
Allah Hafiz.
MSK
Dear,
Assalam-o-Alaikum,
I need your guidance on the following:-
My mother had a house and when she died she left Father, 3 brother and 4 sisters. To my understanding as per sharia the house should share ¼ Father and rest be share male get 2 time the female. Am t correct?
Based on that my Father transfer the house in his and 7 siblings name. After my father died he left a WILL sealed in envelop to be open after his death, when opened it said his “ HIS UNDIVIDED SHARE OF ¼ BE GIVEN TO ON OF THE SIBLING.
WHAT IS THE POSITION NOW HOW TO DISTRIBUTE THE PROPERTY?
Your early response is requested in light of SHARIA.
Regards
Kamran
Cell No. 00*23009235404
Kamran, you should consult a scholar - preferably one with experience in inheritance issues - who can advise you.
Wael
IslamicAnswers.com Editor