Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Dear brother

 

Assalamualycum

Subject: information on property distribution

Total member in a family are consists of father, mother, 3 son & 1 daughter)

Father of a family expired and mother is alive

Parents Property details : one house and one plot (land)

                                    : house is on father name

                                    : plot is registered on 3 sons name ( this plot is purchased by father)

                                    : when plot was purchased daughter was already married

                                    : son in law and father in law took one each plot (above plot) (father in law means father of the above family) and son in law means husband of above daughter

                                    : son in law registered his plot on his name or his wife and father in law registered plot on their sons name

 

Plot sold                       : 3 sons sold the plot and got the money.

 

My question is

1) Daughter is asking her share in plot

Q. Whether daughter is having eligibility to get share in the plot money as per Islamic rule, if yes, then how much. If no why

2) In existing house how much will be the share of daughter, each sons and mother.

 

If you quote references in Quran and Sunna is more appreciable

 

Thanking you brother

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Distribution of inheritance

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Your Question: My question is

1) Daughter is asking her share in plot

            Q. Whether daughter is having eligibility to get share in the plot money as per Islamic rule, if yes, then how much. If no why

Shariah Law will look into the legal ownership of the plot….thus even if the father purchased the plot of his own money, but chose to register the plot in the name of this three sons…..that plot would legally belong to the three sons alone.

 

The daughter or the wife of the deceased will not be eligible to receive any share of this particular plot, for it legally did not belong to the deceased….but rather it was legally owned by the three sons on whose name the plot was registered.

 

Your Question: 2) In existing house how much will be the share of daughter, each sons and mother.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 11-14:

11      Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half.  For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth.  (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit.  These are settled portions ordained by Allah and Allah is All-Knowing All-Wise.

12      In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts.  In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts.  If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone).  Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.

13      Those are limits set by Allah: those who obey Allah and His Messenger will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement.

14      But those who disobey Allah and His Messenger, and transgress His limits will be admitted to a Fire to abide therein: and they shall have a humiliating punishment.

 

Assuming that the deceased did not leave a will, nor left unpaid debts, and both the parents of the deceased are not alive….. and the deceased is survived only by his wife, three sons, and one daughter…..and assuming that the only wealth the deceased left behind was the house, the current market value of which is $100,000.00, the distribution of the deceased’s property to his surviving heirs according to Shariah will be as follows…..

 

The wife of the deceased will receive 1/8th or $12,500.00.

 

The three sons will each receive twice the share of the daughter; thus the balance $87,500 will be divided into seven equal parts (or $12,500.00) ….and each son will receive $25,000.00 and the daughter will receive $12,500.00.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan