Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
My male relative who has 3 brothers and 2 sisters arehaving a feud on how to settle the proceeds from their late parents flat. before their dad passed on, he had included my relative`s name in the property but he did not fork out a single cent in the purchase of the flat except for its maintenance while his parents were alive.
Kindly advisehow they should settle this. Thanks
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Your Statement: .before their dad passed on, he had included my relative`s name in the property but he did not fork out a single cent in the purchase of the flat except for its maintenance while his parents were alive.
When one is alive, one is well his rights to gift a part or all of ones wealth to anyone one wills and pleases. Thus if the deceased gifted or gave a share of his property to one of his relatives (or anyone for that matter) when the deceased was alive , that person will be regarded as the co-owner of the property, absolutely regardless of whether he actually paid for the property or not.
If the case of the deceaseds inheritance is taken to a Shariah Court, the Court will look at the legal papers of the property.and whoevers name is mentioned as the owners of the property will be regarded as the legal owners.
Your Question: my male relative who has 3 brothers and 2 sisters are having a feud on how to settle the proceeds from their late parents flat. before their dad passed on, he had included my relative`s name in the property but he did not fork out a single cent in the purchase of the flat except for its maintenance while his parents were alive. Kindly advise how they should settle this.
Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 11-14:
11 Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half. For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah and Allah is All-Knowing All-Wise.
12 In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts. In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.
13 Those are limits set by Allah: those who obey Allah and His Messenger will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement.
14 But those who disobey Allah and His Messenger, and transgress His limits will be admitted to a Fire to abide therein: and they shall have a humiliating punishment.
Respected brother, you have not provided us with the full information regarding the full wealth and the list of legal heirs of the deceased, thus we would need to make some assumptions in order to derive the shares of each of the surviving legal heirs of the deceased according to Shariah Law.
- lets call the male relative as Mr. X.
- we assume that the flat was owned 50% by the deceased father, and 50% by Mr. X.
- we assume that the other legal heirs of the deceased (ie. his father, his mother, and his wife) all died before the deceased; and thus the deceased was survived only by his three sons and two daughters.
- we assume that the value of the flat in question is 100,000.00
- we assume that the 50% share of the flat was the complete wealth left behind by the deceased.
In such a situation, Mr. X will be given 50,000.00 as his 50% share of the flat and the balance 50,000.00 will be distributed amongst the legal heirs of the deceased.
Because the deceased was survived only by his three sons and two daughters, the wealth of the deceased (50,000.00) will be divided into eight equal parts of 6,250.00 and the sons will receive twice the share of the daughters. Thus in this particular case, the two daughters will receive 6,250.00 each, and the three sons will receive 12,500.00 each.
Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,