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My father has inheritance in homeland, we are 2 brothers and 3 sisters.

Q:

My father has inheritance in homeland, we are 2 brothers and 3 sisters.

I wanted to know the laws for inheritance.

This certain situation is that since i came to the  UK 45 years ago, i have always funded my father financially and the other brother never worked.

Before coming to UK, my father bought property on loan money owed to my nan which i came to uk to help clear. Since then i have funded all the family financially in term of purchasing assets, weddings etc

What is the Islamic standpoint. Am i in Islamic laws the full owner of land.

A:

Salamun Alaykum

Thank you for your query.

The law of inheritance is that everything that remains from a deceased person, one-eighth is for his wife and the rest is divided between the sons and the daughters. Each son inherits twice as much as a girl.

If you or someone else has gifted the money to your father when he was alive, this means all the wealth, property belongs to the father therefore, it is counted as inheritance and must be divided according to the Shar’iah law.

But if the money he took wasn’t gifted to him, rather it was a loan, then the certain amount which was given as a loan can be deducted and given to the creditor(the person who gave the loan) and the remaining will be distributed according to the inheritance laws.

If your father had gifted you land or property in his lifetime then that is counted as yours and will not divided in inheritance but if it wasn’t gifted to you then it has to be distributed.

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.

For other possibilities in inheritance, please visit: https://www.sistani.org/english/book/48/2369/

May Allah(swt) grant you success

Wassalam,

Syed Haider