Question:
My father is deceased. He had property in India. After + – 30 years we decided to sell. Some of my brothers and sisters are deceased after my parents (both). Do all brothers and sisters get a share?
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
It is a mandatory obligation of the heirs of a deceased person that immediately after his death they divide all his estate among themselves according to the shares prescribed by the Shari’ah. It is very unfortunate that many Muslims today do not comply with the rules of Shari’ah in this respect, and their negligence many times leads to serious disputes between the heirs of the deceased, and by the passage of time the problems become more complicated.
If the house in India is sold, the proceeds of the sale of the house must be distributed according to Shari’ah laws of inheritance and succession. We will be able to advise you on who the heirs of your father are if you inform us who your father was survived by at the time of his death, and the sequence of the death of your siblings. Also inform us of the spouses and children of each of the siblings.
And Allah Ta’āla Knows Best
Mufti Arshad Ali
