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Does our sister have a share in the current value of our business?

Q:

We are of 3 brothers and a sister. Our father was doing business and he died in 2005. At that time business value was say 20 lakhs.

After his death we brothers looked father business and now business value is almost say 1 crore

Now we thought of sharing our sisters share. So when calculating should we calculate considering the business value of 2005(when father died) or current value.

One of my brother says that we only need to take business value of 2005 when father died, later we brothers did all business and business grew and value also  grew, This is after fathers death. So she has no part in it.

A:

Salamun Alaykum

Thank you for your query.

Inheritance is the practice of passing on property, titles, debts, rights, and obligations upon the death of an individual. Unfortunately, in some of the cultures the women is not given her right such as inheritance. It is either because of ignorance, stubbornness etc.

Inheritance is the right of a woman according to the Shar’iah and should be distributed as mentioned in the Tawdheeh-al-Masail of your Mujtahid.

First of all, your sister should have got her inheritance after your father passed away, which means she was deprived of her right and it was used without her permission by the brothers. If the brothers had taken her permission and used her inheritance then it is permissible but if they hadn’t distributed the inheritance between the sister, then they do not have the permission to use her part of wealth, without her consent.

Your sister should have been a part of the inheritors and whatever your father left in inheritance such as wealth, property should have been distributed amongst all of you according to the Islamic Laws. Since, she wasn’t given her right, now you have to give her what your father possessed at the time of his death and what was distributed amongst others(price equivalent to today’s price).

In any case, if it is known what the inheritance was, for example, it was a house, a car then give her the same amount or property etc. And if it is sold by now, then your sister will get the price equivalent to today’s price. And If it is mixed and it is not clear, then the brother should compromise with the sister and get her consent. Also, she deserves the profit which you have profited with her wealth, mixed with the brothers wealth.

In fact, all your transactions are subject to the permission of the sister, if she does not allow you all, the transactions will be void.

To conclude, please pay attention to the following, to pay her right:

  1. Calculate the property wealth of the time when your father passed away and distribute as mentioned above.
  2. Payment should be according to today’s price. As the currency devalues by time, so calculate according to today’s rate.
  3. Compromise with your sister and get her consent otherwise it could lead into problems in the Hereafter. Whatsoever, you have to satisfy her.

According to Ayatullah al-Udhma Sayyid Ali Sistany:

Ruling 2753. If the only heirs of the deceased are his father or his mother and a number of his sons and daughters, the estate is divided into six parts: one part is inherited by his father or mother and the remainder is divided among his sons and daughters in a way that each son receives twice the share of each daughter.

To read details regarding inheritance please visit: https://www.sistani.org/english/book/48/2369/

May Allah(swt) grant you success in this cause, so all the debts can be cleared with your sister to gain Allah’s consent and mercies.

Wassalam,

Syed Haider