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So what will be division of the property in this case.

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:

Asslaam Alaikum Brother,

 

I have question related to the Inheritance property as per the shariat Law.The present scenario is there is one home in which father was staying and he have  only one son and 3 daughters all are married.Father expires due to illness and leaves behind the house in which he was staying as per the property details he was having this only house in which his father was staying and his father was staying along with this son daughter who used to take care.

 

So what will be division of the property in this case as per the i heard from many brothers this house should be going to his only son since it was been used by his father and son , if there is onother property apart from this house that property should be divided among all the childrens as per the shariat law.

 

Please revert with opinions and shariat as this is very critical. Zazakallah Allahhafiz. 

 

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Answer:

 

Inheritance distribution

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

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.

The legal heirs of a deceased believer whose shares are prescribed in Shariah are:

  1. The father of the deceased
  2. The mother of the deceased
  3. The wife/wives of the deceased
  4. The son/s of the deceased
  5. The daughter/s of the deceased.

 

Your Question: So what will be division of the property in this case as per the i heard from many brothers this house should be going to his only son since it was been used by his father and son , if there is onother property apart from this house that property should be divided among all the childrens as per the shariat law.

If the deceased was the legal owner of the property, and assuming that his parents and his wife expired before his death, and he is survived by one son and three daughters.absolutely regardless of who stayed where, who took care of whom, whether the heirs are married or unmarried, and absolutely regardless of whether it is only one property or ten properties, the full property of the deceased will be distributed as inheritance between all the legal heirs, in this case the son and the three daughters, according to their shares prescribed in Shariah.

 

Thus in this particular situation, assuming that both the parents and the wife of the deceased expired before his death, and the deceased is survived by only one son and three daughters.and assuming the property was worth 100,000.00.the distribution between the legal heirs of the deceased according to Shariah Law will be as follows:

 

.to the male a portion equal to that of two females:

 

Because the deceased is survived by only one son and three daughters, the value of the property will be divided into five equal parts (100,000.00/5) of 20,000.00, and the son will receive twice the share of each of the daughters.

Thus the three daughters each will receive 20,000.00.

The one son will receive 40,000.00.

 

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,

 

 

Burhan

 


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