Fatwa ID: 03678
Answered by: Maulana Nabil Khan
Question
Assalamualaikum,
My father passed away leaving behind two sons, a wife and three daughters. He left behind two cars and land on which there are two houses. Part of the land is empty and the empty part is on rent. The land is big and can be divided into two.
How will the property be distributed? The daughters want to sell their share to their brothers.
- Should the price of the property be sold by the daughters according to market value or whatever amount they want to sell for?
- If the brothers don't want to buy their share, can the sisters sell their share to an outsider?
- Can an outsider become the partner of the sons by buying the share of the daughters?
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
In such a case, there are a few options that can be implemented to assure that all rights are given to each inheritor during distribution. Any of these options can be implemented.
- The inheritors may liquidate all assets and distribute according to the Shariah will requirements.
- The inheritors may divide the assets in a way that requires no selling of the estate. For example, renting the entire properties and sharing the rent according to the proportion entitled to the inheritor, until all have been sold and liquidated.
- Those inheritors who do not want to sell may evaluate the market value of the assets and pay the rights of the others in cash if this is mutually agreed upon.
Keep in mind if there is a constant dispute, then it is best to fully liquidate and distribute accordingly without any conflict.
Reference:
Al-Siraji pg 8
Only Allah knows best
Written by Maulana Nabil Khan
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
