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Inheritance ruling. Please guide me how to proceed ?
30-Apr-2023 (In Muslim Law Law)
Hi, my question is related to my older sister. She recently this year asked for her share of my late father inheritance, he has been passed away for 21 year. My older brother has informed me that he originally asked her is she wanted her inheritance she at the time didn't want her inheritance when asked years before. But since then she made her request this year. Question 1. Her request is legit, to the full Islamic law. (Do we calculate it based on the value of the property 20year ago when my father passed away, or on the current market value?) Questions 2. My father parents were still alive after his passing, the land in Pakistan was never in my father name, the family ask my late grandfather to transfer the land in Pakistan to my uncle, older brother and myself before his passing. (Is my sister in titled to a share of this?)
Seems this query is not related to India and assuming that you and the property based in Pakistan. You need to consult a lawyer from your country.
Still I will answer your query as Muslims laws related to inheritance is same all over world if they are following the Sharia law from the holy Book Quran with out inserting man made laws.
Daughter's Share in sharia law.
If a daughter inherits – whether from her mother or her father – her share of the inheritance may vary according to the situation:
1 – If the daughter is an only child, i.e., she has no brothers or sisters (i.e., heirs who are descendents), then she has a half of the legacy of the deceased. Allaah says (interpretation of the meaning):
“…if only one, her share is a half…”
[al-Nisaa’ 4:11]
2 – If there are more than one daughter – two or more – and the deceased has no male children, then their share is two-thirds. Allaah says (interpretation of the meaning):
“…if (there are) only daughters, two or more, their share is two-thirds of the inheritance…”
[al-Nisaa’ 4:11]
3 – If there are other, male, heirs who are descendents of the deceased (one or more), then they are to be given the remainder after each person who is entitled to a share has been given that share. Her share is equal to one-half of her brother’s share (“to the male, a portion equal to that of two females”), whether they are two or whether the children include both males and females. The male takes a share equal to that of two females. Allaah says (interpretation of the meaning):
“Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females”
[al-Nisaa’ 4:11]
These are the shares which have been decreed by Allah. So it is not permissible for anyone to change any part of them, or to deprive an heir, or to bring in anyone who is not an heir, or to deprive an heir of any part of his inheritance or to give him more than the share allotted to him by sharee’ah. And Allaah knows best. May Allaah bless our Prophet Muhammad.
If a daughter inherits – whether from her mother or her father – her share of the inheritance may vary according to the situation:
1 – If the daughter is an only child, i.e., she has no brothers or sisters (i.e., heirs who are descendents), then she has a half of the legacy of the deceased. Allaah says (interpretation of the meaning):
“…if only one, her share is a half…”
[al-Nisaa’ 4:11]
2 – If there are more than one daughter – two or more – and the deceased has no male children, then their share is two-thirds. Allaah says (interpretation of the meaning):
“…if (there are) only daughters, two or more, their share is two-thirds of the inheritance…”
[al-Nisaa’ 4:11]
3 – If there are other, male, heirs who are descendents of the deceased (one or more), then they are to be given the remainder after each person who is entitled to a share has been given that share. Her share is equal to one-half of her brother’s share (“to the male, a portion equal to that of two females”), whether they are two or whether the children include both males and females. The male takes a share equal to that of two females. Allaah says (interpretation of the meaning):
“Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females”
[al-Nisaa’ 4:11]
These are the shares which have been decreed by Allah. So it is not permissible for anyone to change any part of them, or to deprive an heir, or to bring in anyone who is not an heir, or to deprive an heir of any part of his inheritance or to give him more than the share allotted to him by sharee’ah. And Allaah knows best. May Allaah bless our Prophet Muhammad.
Your two questions : yes if daughter has share she needs to get current market value.
When the property is still in the name of Grand father and he is alive till date. It is upto him to give share or write a WILL. Your late father has neither had any claim over your grand father property nor his legal heirs, as grand father is still alive and not died interstate (without writing any will)
Yes your grand father with love and care can transfer/share his property according to his wishes. In muslim law there is no concept ancestral property rights.
Still I will answer your query as Muslims laws related to inheritance is same all over world if they are following the Sharia law from the holy Book Quran with out inserting man made laws.
Daughter's Share in sharia law.
If a daughter inherits – whether from her mother or her father – her share of the inheritance may vary according to the situation:
1 – If the daughter is an only child, i.e., she has no brothers or sisters (i.e., heirs who are descendents), then she has a half of the legacy of the deceased. Allaah says (interpretation of the meaning):
“…if only one, her share is a half…”
[al-Nisaa’ 4:11]
2 – If there are more than one daughter – two or more – and the deceased has no male children, then their share is two-thirds. Allaah says (interpretation of the meaning):
“…if (there are) only daughters, two or more, their share is two-thirds of the inheritance…”
[al-Nisaa’ 4:11]
3 – If there are other, male, heirs who are descendents of the deceased (one or more), then they are to be given the remainder after each person who is entitled to a share has been given that share. Her share is equal to one-half of her brother’s share (“to the male, a portion equal to that of two females”), whether they are two or whether the children include both males and females. The male takes a share equal to that of two females. Allaah says (interpretation of the meaning):
“Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females”
[al-Nisaa’ 4:11]
These are the shares which have been decreed by Allah. So it is not permissible for anyone to change any part of them, or to deprive an heir, or to bring in anyone who is not an heir, or to deprive an heir of any part of his inheritance or to give him more than the share allotted to him by sharee’ah. And Allaah knows best. May Allaah bless our Prophet Muhammad.
If a daughter inherits – whether from her mother or her father – her share of the inheritance may vary according to the situation:
1 – If the daughter is an only child, i.e., she has no brothers or sisters (i.e., heirs who are descendents), then she has a half of the legacy of the deceased. Allaah says (interpretation of the meaning):
“…if only one, her share is a half…”
[al-Nisaa’ 4:11]
2 – If there are more than one daughter – two or more – and the deceased has no male children, then their share is two-thirds. Allaah says (interpretation of the meaning):
“…if (there are) only daughters, two or more, their share is two-thirds of the inheritance…”
[al-Nisaa’ 4:11]
3 – If there are other, male, heirs who are descendents of the deceased (one or more), then they are to be given the remainder after each person who is entitled to a share has been given that share. Her share is equal to one-half of her brother’s share (“to the male, a portion equal to that of two females”), whether they are two or whether the children include both males and females. The male takes a share equal to that of two females. Allaah says (interpretation of the meaning):
“Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females”
[al-Nisaa’ 4:11]
These are the shares which have been decreed by Allah. So it is not permissible for anyone to change any part of them, or to deprive an heir, or to bring in anyone who is not an heir, or to deprive an heir of any part of his inheritance or to give him more than the share allotted to him by sharee’ah. And Allaah knows best. May Allaah bless our Prophet Muhammad.
Your two questions : yes if daughter has share she needs to get current market value.
When the property is still in the name of Grand father and he is alive till date. It is upto him to give share or write a WILL. Your late father has neither had any claim over your grand father property nor his legal heirs, as grand father is still alive and not died interstate (without writing any will)
Yes your grand father with love and care can transfer/share his property according to his wishes. In muslim law there is no concept ancestral property rights.
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Adv. Mirza Faizan Assad
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