Question Summary:
How do split the inheritance which father leaves behind?

Question Detail:

How do split the inheritance which father leaves behind?
 
My Father passed off peacefully from this world in October 24, 1991 leaving behind his wife, 4 sons and 1 daughter. In October 1992, my brothers distributed the joint properties among 4 brothers which was related with business and which was earned jointly by brothers only in father life. Old parental properties left as it was. That time also decided that mother would live with any sons on her choice and new earning and business development of brothers will be his own properties. My share amount was INR 300000.00, which I got time to time from brother for my study and marriage expenses. I was started my earning and got married in year 2002. Mean time my share amount finished which was with my brother and I bear all expenses and started care myself.
 
No we want to split my parental properties among us (house and land value INR 250000/-) which was not split in 1992. How do I split all this amongst the family by considering sister and mother? Please advise in light of Islam.

Answer :

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In the name of Allāh, Most Gracious, Most Merciful

Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh
 
Your father’s estate should have been distributed when he passed on in 1991. Nonetheless, his nett estate will be divided as follows:
 
The wife (your mother) will inherit 1/8^th of the estate whilst the balance will be distributed amongst the brothers and sisters. This 7/8 of the balance should be divided into 9 parts. Each son will get 2 parts and the daughters will inherit 1 part. The issue of your share amount INR300,000 is not clear.
And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum 


Mufti M. Kadwa
Checked and Approved by:

Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah