Property distribution after fathers death

19 Feb 2019 Ref-No#: 1360

My father passed away last year leaving behind some property,

We’re 4 sisters, 3 brothers & our mom.

Two of Four houses from father property are occupied by brothers & mother , while the rest is on rental basis. All rent goes to brother & mother.

I would appreciate your guidance on following questions in accordance to Quran :

If property is on rental basis, Should the rent be distributed between sisters & brothers or not.
Proportion or share for sisters & brothers from property on rental & sale basis.
Will sisters be entitled from houses occupied by brothers & mother , if yes how can we identify proportion of it.

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

Your father passed away leaving behind a wife, four daughters and three sons. Accordingly, as per the Islamic laws of Succession, the estate will be distributed as follows:

RelativeShare FractionShare Percentage
Wife1/812.5%
Son 17/4017.5%
Son 27/4017.5%
Son 37/4017.5%
Daughter 17/808.75%
Daughter 27/808.75%
Daughter 37/808.75%
Daughter 47/808.75%

 

This distribution will be from ALL assets (cash, property, personal items etc) which form part of the Net Estate, after deducting your father’s debts and burial costs.

All heirs will be entitled to their rights from everything which is in the estate. However, Islam has given room for compromise. Thus, if there is cash or other assets which adds up to same value of the houses in which your mom and brother are living, then the sisters and other brothers may opt to take that, rather than a portion in the property.

Alternatively, you may divide the four houses in such a way that your mother and brother can live rent free in their houses. Perhaps in lieu of staying in their houses, your mom and brother can agree not take rental from the remaining two houses.

All this, however, has to be done with mutual consent. The prophet (sallallahu alayhi wa sallam) said:

عَنْ عَمْرِو بْنِ يَثْرِبِيٍّ الضَّمْرِيِّ، قَالَ: شَهِدْتُ خُطْبَةَ رَسُولِ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ بِمِنًى، فَكَانَ فِيمَا خَطَبَ بِهِ أَنْ قَالَ: وَلَا يَحِلُّ لِامْرِئٍ مِنْ مَالِ أَخِيهِ إِلَّا مَا طَابَتْ بِهِ نَفْسُهُ  (مسند أحمد 24/ 239)

“It is unlawful for a person to take the wealth of his brother except if it is (given) through good heart (happily).” [Musnad-Ahmad; 24 / 239]

If any heir is not happy with this, then each heir will get a portion of every asset that remains. In this case, a portion of the 2 houses in which your mother and brother are living will also belong to the other heirs. Hence, your mother and brother can deduct their portions but will have to pay the remaining heirs their share of the rental. Each heir can then decide whether they want to take that rental or not. Likewise, they will have to pay all the rental which was not paid from the time of your fathers death until today. You get your portions in this way, and no exact proportion that you need to identify. If the properties are rented out, you share the rental, and if the properties are sold, you divide the money accrued from the sale.

The rental earned from the other properties will also be divided according to the portions stated above.  The daughters of the deceased will have to get their portions, and they will also have to be paid for the past. It is a major sin to deprive them.

After stating the laws of inheritance, Allah Ta’ala said,

ومن يعص الله ورسوله ويتعد حدوده يدخله نارا خالدا فيها وله عذاب مهين (النساء – 14)

“And whosoever disobeys Allah and His Messenger (Muhammad ), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment”. (An-Nisaa’: 14)

The Prophet (sallallahu alayhi wa sallam) said,

“مَنْ قَطَعَ مِيرَاثًا فَرَضَهُ اللهُ وَرَسُولُهُ قَطَعَ اللهُ بِهِ مِيرَاثًا مِنَ الْجَنَّةِ ” (أخرجه البيهقي في شعب الإيمان – 10/ 340)

 “Whoever cuts/takes from his heirs’ inheritance, Allah will cut out his share from Jannah on the day of Qiyaamah (Day of Judgement).” (Shu’abul-Imaan, 10 / 340)

With that, it is recommended that all the siblings see how they can accomadate their mother. Whilst you have a right to take rental from your mother, we should remember that causing our parents this tension could lead to our own detriment. By assisting your mother now, Allah will put such blessings in your wealth, that ultimately you will benefit more than the rental you get from your mother. With that, your Jannah will also be made.

In conclusion, we advise that all the heirs have a meeting with a local scholar, and see how you can resolve the past rentals as well as the distribution in an amicable way.