Fatwa ID: 02944

Answered by:  Maulana Imran Mughal

Question:

Assalamu Alaikum Wa Rahmatullah

A father had four sons and a daughter, one son and a father running a lathe machine workshop and one son was working in Saudi Arabia and they both contributed to purchase land and carried out construction on it , the other two sons are very young and they didn't make any contribution, son who had job in Saudi Arabia contributed 70% in land purchase 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 others, 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:

بسم الله الرحمن الرحيم

In the name of Allah, the Most Gracious, the Most Merciful.

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

“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.

“Now both father and mother have died.”

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

“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.

Only Allah SWT alone knows best.

Answered by Maulana Imran Mughal

Checked and approved Mufti Mohammed Tosir Miah

Darul Ilm Birmingham