A man named Ali died leaving two wivies both with children- male & female but not equal in numbers (1st wife has 2 male & 3 female. 2nd wife has 3 male & 1 female).
Ali had an estate which had two equal sides and left a will that states – one side for the 1st wife with her offspring and the other side for the 2nd wife with her offspring. After dividing the state equally into two, each side can then choose whether to further divide it islamicaly or live together without dividing.
The 2nd wife died before the will was implemented and a problem emerged, it happened that the 2nd wife had a son from her 1st marriage. he came & claimed a piece of the estate as inheritance from his mother. He further claimed his mother before marrying Ali she had a house which she sold and funded Ali to buy the existing estate which Ali nor his wife mentioned when they were alive. He aslo wants compensation equal to the current value of the house sold by his mother to purchuse the estate.
Now there is a big dispute on how to inherite such an estate.
Kindly advice the best way out of this situation.
Wassalaam Aleikum Warahmatullah.
وعليكم السلام
باسمه تعالى
The will made by late Ali can be implemented with the free consent of all heirs provided that all are sane and mature. Otherwise, the house and all other properties of deceased after performing his all obligation duties such as Mehr, debt and so on, will be divided into sixteen shares, if he has left behind two wives, five sons and four daughters. Amongst these sixteen shares, one for each wife, two for each son and one share for each daughter.
The claim made by the son of second wife from her first marriage about selling the house and funding Ali will not be accepted without any Shariee proof which confirms that she funded Ali as a partner in estate or she landed him money which is due on Ali. Imaam Baihaqi رحمه الله تعالىhas recorded on the authority of Sayyedinaa Ibn Abbaas رضى الله تعالى عنهماthat the Nabee of Allaahﷺ said:
” لو يعطى الناس بدعواهم، لادعى رجال أموال قوم ودماءهم، لكن البينة على المدعي واليمين على من أنكر” (حديث حسن رواه البيهقي وغيره هكذا، وبعضه في الصحيحين)
(Had people been granted what they claimed, they would have claimed the lives and properties of people. A contestant should bring his proof and the defendant should take an oath.”) (Baihaqi)
However, he is entitled to get his specific share from his mother inheritance including the one share she had from her late husband Ali.
والله اعلم
My father has died, he has inheritance property which was divided amongst my father & his elder brother, i had one paternal aunt (phuphi) who died before my father & her son died before my aunt now her son’s children claim in my fathers proportion so are they eligible in this as i have my mother,one more sister , 2 brothers n a widow of my younger brother & his one daugther & one son.
Kindly guide us and provide the proportion as how to divide this.For your more clarifictation below am giving my family tree.
1.Kasam Patel (My uncle Taya)
2.Buboo Bi ( My aunt Phuphi)
3.Hasan Patel (My father)
My family
Hasan Patel(Father)
Jamila Patel( Mother)
1. Uterine Brother Rashid Patel
2. Rafique Patel
3.Zakir Patel (younger brother, who died he has his widow n one son and one daughter)
4.My self Noorjahan Majgaonkar
5. Nasim Inamdar( younger sister)
My Taya (i.e my uncle) had already divided his proportion amongts his children’s.
The property is an agricultural land.
Kindly reply on this regard asap.
Wa alaykumus Salaam
Clarification is required regarding certain matters.
Firstly was your father in partnership with his brother?
Who had ownership of the property?
Why was your uncle given a share?
Thanks for reply,
No there was no such deal, and the property was divided amongst the brothers.
My uncle had divided the agricultural land between my father and him.
Mufti sahaab please revert on this asap as we need the clarification urgently.
And my aunt’s(Phuphi) grandchildrens has asked for their share.
Kindly revert asap.
Wa alaykumus Salaam
What i need to know who was the owner of the land? If your father was the sole owner then what your uncle did was not permissible.The brrothers do not inherit in the presence of children.The wife is given one eighth and the children will recieve the rest in the ratio of two shares for boys and one for the girls.If graandparents are alive(deceased mother and father) then they inherit but not brothers and sisters.
Asslaam Aleikum,
A man named Ali died leaving two wivies both with children- male & female but not equal in numbers (1st wife has 2 male & 3 female. 2nd wife has 3 male & 1 female).
Ali had an estate which had two equal sides and left a will that states – one side for the 1st wife with her offspring and the other side for the 2nd wife with her offspring. After dividing the state equally into two, each side can then choose whether to further divide it islamicaly or live together without dividing.
The 2nd wife died before the will was implemented and a problem emerged, it happened that the 2nd wife had a son from her 1st marriage. he came & claimed a piece of the estate as inheritance from his mother. He further claimed his mother before marrying Ali she had a house which she sold and funded Ali to buy the existing estate which Ali nor his wife mentioned when they were alive. He aslo wants compensation equal to the current value of the house sold by his mother to purchuse the estate.
Now there is a big dispute on how to inherite such an estate.
Kindly advice the best way out of this situation.
Wassalaam Aleikum Warahmatullah.
وعليكم السلام
باسمه تعالى
The will made by late Ali can be implemented with the free consent of all heirs provided that all are sane and mature. Otherwise, the house and all other properties of deceased after performing his all obligation duties such as Mehr, debt and so on, will be divided into sixteen shares, if he has left behind two wives, five sons and four daughters. Amongst these sixteen shares, one for each wife, two for each son and one share for each daughter.
The claim made by the son of second wife from her first marriage about selling the house and funding Ali will not be accepted without any Shariee proof which confirms that she funded Ali as a partner in estate or she landed him money which is due on Ali. Imaam Baihaqi رحمه الله تعالىhas recorded on the authority of Sayyedinaa Ibn Abbaas رضى الله تعالى عنهماthat the Nabee of Allaahﷺ said:
” لو يعطى الناس بدعواهم، لادعى رجال أموال قوم ودماءهم، لكن البينة على المدعي واليمين على من أنكر” (حديث حسن رواه البيهقي وغيره هكذا، وبعضه في الصحيحين)
(Had people been granted what they claimed, they would have claimed the lives and properties of people. A contestant should bring his proof and the defendant should take an oath.”) (Baihaqi)
However, he is entitled to get his specific share from his mother inheritance including the one share she had from her late husband Ali.
والله اعلم
By: Hamid Soud on April 17, 2009
at 3:49 am
Asallam Aleikum,
My father has died, he has inheritance property which was divided amongst my father & his elder brother, i had one paternal aunt (phuphi) who died before my father & her son died before my aunt now her son’s children claim in my fathers proportion so are they eligible in this as i have my mother,one more sister , 2 brothers n a widow of my younger brother & his one daugther & one son.
Kindly guide us and provide the proportion as how to divide this.For your more clarifictation below am giving my family tree.
1.Kasam Patel (My uncle Taya)
2.Buboo Bi ( My aunt Phuphi)
3.Hasan Patel (My father)
My family
Hasan Patel(Father)
Jamila Patel( Mother)
1. Uterine Brother Rashid Patel
2. Rafique Patel
3.Zakir Patel (younger brother, who died he has his widow n one son and one daughter)
4.My self Noorjahan Majgaonkar
5. Nasim Inamdar( younger sister)
My Taya (i.e my uncle) had already divided his proportion amongts his children’s.
The property is an agricultural land.
Kindly reply on this regard asap.
Wa alaykumus Salaam
Clarification is required regarding certain matters.
Firstly was your father in partnership with his brother?
Who had ownership of the property?
Why was your uncle given a share?
By: Noorjahan Majgaonkar on October 20, 2009
at 9:25 am
Assalam wailakum,
Thanks for reply,
No there was no such deal, and the property was divided amongst the brothers.
My uncle had divided the agricultural land between my father and him.
Mufti sahaab please revert on this asap as we need the clarification urgently.
And my aunt’s(Phuphi) grandchildrens has asked for their share.
Kindly revert asap.
Wa alaykumus Salaam
What i need to know who was the owner of the land? If your father was the sole owner then what your uncle did was not permissible.The brrothers do not inherit in the presence of children.The wife is given one eighth and the children will recieve the rest in the ratio of two shares for boys and one for the girls.If graandparents are alive(deceased mother and father) then they inherit but not brothers and sisters.
By: Noorjahan Majgaonkar on October 22, 2009
at 4:36 pm