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Selling my father

Q:

Salam aleykum I just wanted to know that we were 2 brothers and 2 sisters one of my brother the younger one expired and we have a restaurant of my father’s who expired partnership basis now my sisters want me to sell their share in the restaurant as I recently had a bypass surgery and I have 2kids and a wife and no source of fixed income apart from the restaurant so is it necessary according to religion to give them the share as I have no other source of income and if there is any what will be their share as altogether the total amount of share is60% in the restaurant

A:

Wa Alaikum al-salam

Thanks for your question

Any income of the restaurant after your father belongs to all of heirs (yours and your siblings); and since it is their property, if they want their share, you must give it to them (you can sell it to someone else or  buy their shares yourself)

If your brother passed after your dad, he counts as heir too. So if your father owned 60% of restaurant:

  1. if your brother passed after your father (in case that he inherits from father) you have 20%, your brother takes 20%, each sister takes 10% of the property
  2. if your brother passed before your father, you take 30% and each of your sisters take 15% of property.

regards

Sheikh Mahdi Mosayyebi