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Assalamalaikum I from India and I am shia I have question regarding property distribution.
1. My father family consists of 4 sister’s and 2 brother (including him). and the property is in the name of my grandma and how to distribute among them.
2.My father house is of ground floor & first floor and my grandma told to take ground floor to take elder brother and first floor younger son (My Father is second son) but she didn’t write in paper.
3. While my father was out of country My father has taken all expenses of my grandma family including my father sister’s and grandma elder son.(my father elder brother was healthy and he wouldn’t work at that time).
4. My father has taken all expenses of one of her sister marriage and give 30000/- rs on her marriage in 1992.
5. He give a gift of jewellery to my grandma After my grandma death all her Jewellerry was taken by her dauthers and distribute among themselves and they didn’t given any jewellery to my mom.
6. My father (second son of my grandma) spent 300000/- rs in 1995/- for house purposes
7. Now in 2017 my father’s (the second son of my grandma) house is 1900000/- rs how much amount should we receive after distribution?


Wa Alaykumussalam

Thank you for your query.

If the property belongs to your grandmother then she can gift as much as she wants, to any of her sons or daughters in her life. But if the property belonged to your grandfather and after he passed away, the property should be distributed according to the inheritance laws. But since it is not mentioned in the beginning but from point 5, it is clearly understandable that your grandmother had passed away and you want to know how the property has to be distributed.

If your grandmother had gifted the house in her lifetime, then that particular part will not be included in the inheritance, as the gifted part in the life is not entitled to be counted in the inheritance.

Your mother (daughter-in-law of your grandmother) is not entitled to receive the jewellery as an inheritance after your grandmother’s demise. But your father should inherit the jewellery according to the inheritance laws.

Your father did a great job by taking care of the expenses of his mother in her lifetime. But after the demise of your grandmother, the inheritance has to be distributed according to the following laws:

As you haven’t mentioned the name of your Mujtahid, I will mention the general ruling about inheritance and will give a link to the laws of inheritance on Ayatullah Sistani’s site at the end.

When your grandmother passed away if her husband(your grandfather) was alive, then one-fourth of the wealth will be inherited by your grandfather and the rest should be distributed in 8 parts amongst the children, in a way that the sons would get double the share of daughters. So two sons each will get two eighths and the remaining four parts would be shared between the daughters in a way that each daughter gets one share.

But if your grandfather wasn’t alive when your grandmother passed away, then all the inheritance will be divided amongst the children in a way that the sons get double the share of the daughters.

The inheritance has to be distributed according to the value of the time distributed.

Link to the Inheritance of the first group:

Allah knows the best

May Allah(swt) grant you success


Syed Haider