Message No : 43Sr.No : 1448/724
Question By : Sabiha Naaz Ansari

Is it necessary to give legacy share to sister?
One person died leaving two sons and three daughters. He left cash and residential home. Cash is not as much as it could be sufficient for the share of daughters. Sons are poor and they are not able to pay daughter¡¯s shares without selling that home and if they sell home, they would be homeless. In this case, how the inheritance would be distributed among heirs? Is it necessary to give share to the daughter in residential home?
Sabiha Naaz
Delhi

 

Reply By : (Mufti) Jaseemuddin Qasmi
Designation : Mufti of Online Darul Ifta, MMERC, Mumbai 

IN the name of Allah the most gracious the most meciful
In the above mentioned case after the due rights preceding the inheritance (Expenses of funeral arrangements, paying debt and executing the will) if there is no other inheritor other than you have mentioned such as father, mother, wife then deceased person¡¯s total property movable or immoveable in terms of cash, bank balance, land and home all would be divided into seven shares 1-1 share would be given to each daughter while 2-2 shares would be given to each son. Because of son¡¯s problem, daughter¡¯s sharai right cannot be nullified. Nevertheless if daughters take the left cash and leave their right in home cordially then sons would be the owner of home, as this is mentioned in Shariah as Takharuj. It is also a way to solve the matter that home¡¯s value should be estimated and sons should pay daughter¡¯s remaining money later according to their ease. But if the daughters are not ready for this, then home would be sold and their shares would be given to them. In this situation, sons may purchase home in any cheap area or should arrange it by other sources.
And Allah knows the

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