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Are we guilty about the wrong distribution of property .


My question is that my grandfather and his brother by will gave all their property to my father as my father’s uncle had no child his wife that is my father’s aunt also gave her share to my father but my father had two sons both from two wives ,All this happened 40 years ago We fell in non-Muslim country and Muslims are in minority. So according to that age and Indian law it was right. But I came to know that according shariyat it was wrong distribution of property. Are we guilty for that as we came to know about this after 45 years. Is this property ours?


Salamun Alaykum

Thank you for your query.

If your grandfather had gifted in his lifetime to any of his children then that property will not be counted as inheritance, rather it is a gift. But if your grandfather has passed away and then the inheritance wasn’t distributed justly(some of the rulings are given below) then it has to be compromised by speaking with the other inheritors who were supposed to inherit.

A person can make a will(Wasiyah) only for one third of his property and the rest two third should be distributed according to the inheritance laws.

Read inheritance rules in detail on:


If your father had brother(s) or sister(s) then they should have also inherited from at least two third of their father(your grandfather)’s property. But if your grandfather had gifted all his property to your father in his lifetime, then that is counted as Hiba and there is no problem in it. In the case that your father has brother or sister and your grandfather made the will(Wasiyah) that all his property will go to only one son(your father), then in this case it should be compromised by speaking with your uncle and aunt(if any) and their right from the property should be given to them or if they forgive it, then it will be enough as you have got their consent.


Some of the points to be noticed if a person has  made the will(Wasiyah) of giving all the property to one of his children instead of all of them:

If the sum of the will(Wasiyah) of the deceased is more than one third of his property, his will is not valid in more than one third; Unless the adult heirs allow the amount in addition to one third, and if some of the heirs allow and some refuse, the will(Wasiyah) is valid only in the share of those who have given permission.

If the intention of the person who has made the will(Wasiyah) is not against the Islamic Shariah, rather it is because of his ignorance of this law, his will be proper for just one third of the property and not the remaining two third.

Risale Jam’e, ruling 1053


Some of the inheritance laws according to Ayatullah al-Udhma Sayyid Ali Sistany:

Ruling 2711. A will is an instruction by a person for certain tasks to be performed for him after his death. In a will, a person states that after his death something from his property is to be owned by someone, or that something from his property is to be transferred to someone or be spent on charitable and good causes, or that he appoints someone to be the custodian and guardian of his children and dependants. A person who gives effect to a will is called an ‘executor’ (wasī).


Ruling 2727. If a person makes a will that the one-third of his estate must be sold and the proceeds from it must be spent in a particular way, his words must be acted upon.


Ruling 2738. If the dispensation specified by a testator is more than one-third of his estate, his will with regard to the amount exceeding one-third will be valid only if his heirs give permission by words or action; heartfelt consent is not sufficient. If they give permission some time after his death, the will is valid. And in the event that some of his heirs give permission and others do not, the will is valid and effective only with regard to the shares of those who give permission.


Ruling 2739. If the dispensation specified by a testator is more than one-third of his estate and his heirs give permission for it, they cannot retract their permission. If during the lifetime of the testator they deny permission, they can give permission after his death. However, if after his death they deny permission, then permission given afterwards is ineffectual.

May Allah(swt) grant you success


Syed Haider