Tuesday, October 4, 2022
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Mirath Query

Fatwaa ID: 071

Question:

Dear Sir/Madam
My mother is passed away and I have brother including me and have 2 sister.. My father had done second marriage and my stepmother and father is alive… My father is not in our control and he is selling the property without our concern. My father is totally relying to my stepmother and we are worried. 
What will be our share in the property….. 
1)We are 4 brother including me and 2 sister..  My mother expired 
2) in second mother(stepmother) 1 brother 3 Sister 
Please suggest what will be our share and how can we stop to sell the property. 
There is a chance that my father can make the registry oh his property to my stepmother and to stepbrother 
.please advice
Regards 

Answer:

In the Name of Allaah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

DISCLAIMER
•The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question. •Darul Iftaa bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
•This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Iftaa

May Allaah Ta’aala shower your mother with His infinite Mercy and admit her into Jannah. Aameen.

According to the Shari’ah Laws of Inheritance and Succession, distribution of an estate will only commence after funeral expenses, debts (including legal costs) and bequests (if any) made to non-heirs – which will not exceed one-third (1/3) of the Estate after debts and funeral expenses have been settled. Thereafter, all assets form part of the Net Estate and will have to be distributed according to the Islamic Law of Succession and Inheritance.

We have been advised that the deceased is survived by,

  • Husband
  • Four sons
  • Two daughters

Accordingly, the estate of your mother will be divided into 40 shares as follows:

BeneficiariesSharesPercentage
Husband [your father]1025 %
Son (1) [yourself]615 %
Son (2) [your brother]615 %
Son (3) [your brother]615 %
Son (4) [your brother]615 %
Daughter (1) [your sister]37.5 %
Daughter (2) [your sister]37.5 %
TOTAL40100 %
  • Your stepmother will not receive any shares from your mother’s estate.
  • Your stepsiblings will not receive any shares from your mother’s estate.

Your father’s attitude is unfortunate. Approach him with respect and advise him about the Shari’ah Laws of Inheritance. If he does not cooperate, identify a suitable person who has influence on your father to advise him.

And Allaah Ta’aala Knows Best.
Muajul I. Chowdhury
Student, Darul Iftaa
New York, USA

Checked and Approved by,
Mufti Ebrahim Desai.

10/18/2017

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

__________________
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