Distribution of property inheiritance where the son is a shareholder

Fatwa ID: 02634

Answered by: Maulana Imran Mughal

Question

Assalamualaikum,

A father had four sons and a daughter, one son and a father running a lathe machine workshop and one son were working in Saudi Arabia and they both contribute to purchased a land and did construction on it , the other two sons are very young and they didn't make any contribution, son who had a job in Saudi Arabia contributed 70% in land purchasing and construction and a son and father running a lathe machine workshop contributed 30% , and for love with mother sons documented the property with her mother name , but no rights had been given to mother that she can sell it or gift to other, now both father and mother has died. Would you please let me know what is the contribution of shares of this house between 4 sons and a daughter according to shariah?

Answer

Assalamualaikum Wa Rahmatullahi Wa Barakaatuh

You will need to clarify a few things before the inheritance shares can be given:

  1. “The property is under the mother’s name, but she cannot sell it or gift it to others.”

How is this so? Under whose name is the rights of the property if not your mothers?

Please expand upon this statement.

  1. “Now both father and mother have died.”

It is necessary to mention if the father passed away before or after the mother.

  1. “What is the contribution of shares of this house between 4 sons and a daughter according to shariah?”

You will need to provide more information about other relatives to the deceased at the time of their demise. Which includes (if the deceased has) a father, mother, grandfather, grandmother, brother, sister, granddaughter and grandson.

Bear in mind to mention if the deceased has brothers or sisters from only their mothers’ side/ only from their fathers’ side as well.

And Allah SWT knows best.

Written by Maulana Imran Mughal

Checked and approved Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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