Message No : 13Sr.No : 900/725
Question By : FAZAL PATKA

 RESPECTED MUFTI SAHAB ASSALAAMUALAIKUM.

WE ARE 3 BROTHERS AND 3 SISTERS AND OUR PARENTS HAV EXPIRED .MY FATHER OWNED A SHOP AND A HOUSE .AFTER MY SISTERS GOT MARRIED MY FATHER HANDED OVER THE RESPONSIBILITY OF THE BUSINESS TO THE SONS .OVER A PERIOD OF TIME THE BROTHERS BOUGHT SOME PROPERTIES WITH THE PROFITS THAT THEY EARNED BUT KEPT THEM ON THE PARENTS NAMES  DUE TO SOME LEGAL PROBLEMS AND ALSO DUE TO THE REASON THAT THERE SHOULD BE NO FIGHTING AMONG THE BROTHERS .AFTER A FEW YEARS THEY TOOK 2 MORE PROPERTIES BUT OUR FATHER TOLD US TO KEEP IT ON THE BROTHERS NAME .

WE WILL DIVIDE OUR FATHERS  PROPERTY ACCORDING TO THE SHARIAH LAW BUT PLEASE ADVICE US AS TO HOW WE SHOULD DIVIDE THE PROPERTIES THAT WE HAVE BOUGHT WITH THE MONEY SAVED FROM OUR HARD WORK. AND ALSO THE PROPERTY THAT IS ON THE BROTHERS NAME.

 

Reply By : Jaseemuddin Qasmi
Designation : Mufti Markazul Maarif 

The only property which is owned by your parents will be considered the inheritance for his heirs. And the property which you and your brothers earned is not your parentsí» property. In shariah to be owner of any property, only to name anyone is not sufficient, so the property which you and your brothers earned and named it to your parents due to some legal problem is not your parentsí» property.
So, if above mentioned case is true and there was no any other heir of your parents at the time of their death, then after due rights proceeding to the inheritance (that is, expenditure of funeral arrangement, paying his debt and fulfilling his will within one third of his property) your fatherí»s property will be divided into 9 shares; 1-1 share will go to each daughter and 2-2 share to each sons.
The property which was earned by you and your brothers should be divided into three shares and each of you should take one share.<

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