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How to divide inhertence shop for which no proper accounts are maintained


A man died leaving behind his sons, daughters and wife as heirs. And a Clothes Shop and a house as his property. Since the children were young (Eldest son was around 10 Years old), His Brother (children’s uncle) took charge of the shop and use to spend on his brother’s family. After approx. 8-9 Years, He handed over the shop to the Eldest son. Eldest son also use to spend on his family for the next 10-12 years. Then after Eldest son got married and after 2-3 years of marriage he moved out of the house and started living separately. Similarly other brothers moved out of the house after their marriage and started their own business. Eldest son use to give some nominal fixed amount to his mother who was staying in the old same home for next 10-12 years. (Mother assumed the son his giving monthly expense for her from his side, Elder son is saying it was her profit share from the shop). Now for the past 12-15 years, Eldest son is not giving any share to anybody. Also when asked, he says he will do after some years. House has been sold and all the heirs have got their share.
Now the main problem is the Eldest son has not maintained any accounts/Profit and loss statement of the shop. The another brother who is in the same business and started the business 25 years ago, also holding similar worth properties of Elder brother, Based on his estimate he is claiming amount which is very high according to elder brother.
Hence this matter is pending from last 50 years
Following where the suggesting given by various people
1) Evaluate the current property of the eldest son, let him keep 1/3 of it and remaining should be divided among the heirs [Eldest son not ok with this formula]
2) From the initial amount which was present when eldest son took charge. Assume 1/3 of it was given to elder son and on remaining amount have 20 – 25% yearly profit till today. And claim that amount. [Eldest son not ok with this formula]
3) Check how much worth gold in grams could have brought with initial amount then, Compare that gold in grams in today’s rate and divide [ Others are not ok with this formula]

Request you to kindly answer the following please
1) Is it permissible to delay further inheritance share, and till what extend of time.
2) Many internal discussions in the family has failed. Request you to kindly provide solution to the above scenario.


Salamun Alaykum

Sad to hear that the case has not been solved since previous 50 years. If we act upon the Islamic teachings at its proper time, our problems wouldn’t prolong that long. Nevertheless, it doesn’t mean this issue can never be solved, it can be solved but with the cooperation of all the brothers/sisters and heirs.

In these type of issues, either compromise with each other, or settle the dispute through the court and the law according to the documents.

As I don’t know which country you are asking the question from, but assuming even if it is one of the European i.e: non-Muslim countries, if there is no other way to settle the dispute and the European Court will judge between them according to the documents and evidences, there is no problem in being judged due to necessity. But in my opinion, instead of taking it to the court it is better rather best that all should sit together and compromise and therefore calculate according to what has been compromised.

In the compromise, all the people who have rights, should be satisfied and agree on the thing compromised. So all should sit and somehow compromise one thing so all can be on the same page and the inheritance can be divided amongst all the heirs. It is not good to prolong this case as it is already 50 years. If one of the brothers is killing others’ rights, it is Haram to do so.

May Allah(swt) grant you success


Syed Haider