Wednesday | 24 April 2024 | 15 Shawaal 1445

Fatwa Answer

Question ID: 902 Category: Dealings and Transactions
Inheritance Distribution

Father: died 1972

Left: Widow, 3 sons, 3 daughters (Eldest daughter was married at the time)

Remaining unmarried children and mother lived together.
Elder brother was one of the main support.
In 1976 elder brother paid the inheritance share of Rs 600 to the married sister for the land sold in 1973).

He did not pay the inheritance share to others as they were living together and he was one of the main support to the family.

Mother passed away in 2007 whom he was supporting till her death and he
is still supporting the one unmarried sister.
Now he wants to pay the share to the remaining  2 sisters and 2 brothers.(The original share of Rs 600 and Rs 1200 each daughter and son respectively)

  1. How much he pay them now?
  2. Can he pay them extra based on the inflation rate as the rupee has devalued? (Old Rs 1200 = Today's Rs 26,000)

الجواب وبالله التوفيق

As per the situation described in your question, according to the Islamic Law of Succession and Inheritance, distribution of an estate will only commence after funeral expenses, debts (including legal costs) and bequests (if any) made to non-heirs - which will not exceed one-third (1/3) of the Estate after debts and funeral expenses have been settled. Thereafter, all assets form part of the Nett Estate will have to be distributed according to the Islamic Law of Succession and Inheritance as per follows: 

The remaining amount of wealth should be divided into 9 equal shares; each brother will receive 2 shares whereas each sister will receive 1 share.

The 600 dollars given to the elder sister from the land which was sold in 1973, if it was given with the intention of paying off her share from the inheritance, and if the share was according to the Shar‘ai distribution then there is no need to pay her again. If the payment to her was more or less than her Shar‘ai right then she should reimburse (the other heirs) or be reimbursed (by the other heirs) respectively.

If the asset division back in the year 1973 was done according to the rules of inheritance in the Islamic Shari‘ah, then whatever amount was calculated at that time will be considered valid. Otherwise, if the division was not according to the rules of inheritance in the Islamic Shari‘ah then whenever the actual division took place correctly, the valuation of the asset will take place according to the price at that time.

(کذا فی کتب الفتاویٰ)

 واللہ اعلم  بالصواب