Fatwa ID: 02193

Answered by Molana Muhammad Adnan

Question:

I would be much grateful if you could help me in making the right decision under Islamic Shariah law regarding the distribution of my late father's estate in Pakistan after he passed away last year in the UK.ILWIIR.We are two brothers and two sisters.My dad has left a house and two plots of land in Pakistan alongwith some cash.The two plots of land were bought in my name and my brother's name(one for each brother) by my dad with his own money and not our money during his lifetime.My eldest sister is demanding her share from the two plots already under the two brothers' name alongwith her share from dad's house.Under Pakistani law,plots which are already under my name and my brother's name should not be divided between the two sisters  but I need to know the situation under Islamic Shariah law whether we brothers have to give share to our two sisters from the two plots already in our names along with their share from dad's house?Also how should we  go about distributing dad's property between his two sons and two daughters?I mean what percentage of share for each?
I would be grateful if you could email  a Fatwa to me  regarding the above case so that I can show it to my brother and two sisters.

Answer:

If your father gifted the property to you and your brother during his life, it will be considered a gift and will not be divided. If the land registery is in your’s and your brothers name but the investement was your fathers and it wasn’t gifted to you then it will be considered as your fathers land and it will be considered part of his estate and it will be divided. (Fatawa Rahimiyah p.297 v.10)

The estate will be divided into 6 portions. You and your brother receiving 2 shares each and your sisters receiving 1 share each.                

Written by Molana Muhammad Adnan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham