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Inheritance

Q:

Dear Respected Brother, JazakAllah for all your efforts and hard work. May Allah give you strength to help in guiding us on the right path. I would appreciate if you could enlighten us on a quandary that requires your wisdom InSha’Allah. Basically, my father (may Allah have mercy on him and make him among the inhabitants of jannah) passed away January last year. He left behind 3 properties on the same plot of land, one car and a sum of money.

Properties as below :

1: Three bedroom house on the ground floor (front building)

2: Two bedroom house on the first floor (front building)

3: Two bedroom house at the back of the front building (rear building, ground floor only)

We are a family of 2 brothers, 2 sisters and my mother. The property at the back was given to one brother with all legal documents on his name. The first floor house was given to the second brother with all legal documents on his name. Both were done 15 years before father passed away. The ground floor house in the front is the one without any legal documents. Father clearly specified that the property at the back (2 bedroom) is for one brother, the first floor (2 bedroom) is for the second brother and the ground floor house is for the two sisters. Father passed away and NO contracts were done for the 2 sisters whereby brothers do have their contracts. The questions are as follows : - Which part of the property should go into inheritance (for 2 brothers, 2 sisters and mother) and what is the exact sharing based on shariah? - Any references from Quraan or Hadith to support the above - If there is more than one option, please suggest the most acceptable one - I asked one Sheik in UK the same question and was told to re-evaluate the whole property and share accordingly. But if the property at the back was given to someone else (e.g father’s friend) with contract and everything instead of my brother, I assume that it would not be plausible to re-evaluate the whole property – right? Based on this rationale, is the option suggested justified? Please let me know if you would require further information. JazakAllah Khair. Wasalaam

A:

Salamaun Alaykum

All the property that your father gave away before his death can be kept apart from the estate at death. 

The rest (one house, car, money) has to be divided by Sharia rules: 1/8 for mother, rest to be shared in ratio 2:1 brothers: sisters

This is according to all Shia fuqaha and there is no difference of opinion amongst them on it - based on Qur'an and sunna

With salaams

Abbas Jaffer