father during his last leg of life, gave power of attorney ...to my eldest brother without making a mention to me or to my sisters.

Question

We are three brothers and four sisters. All alive and are married. My father had a house built on one kanal land and had four aker of agricultural land. He was also a share holder of a company. Company floated additional shares twice during his life period. Both the elder brothers got one share each. My father?s own share got it registered in my name in place of next of kin in the company register during his life so that it should automatically transferred in my name after his death. He also told to give two lacs each to my four sisters as a cost of this share Later my father confirmed this in presence of the two brothers. My father during his last leg of life, gave power of attorney of the agricultural land to my eldest brother without making a mention to me or to my sisters. After the death of my father the share transferred in my name automatically. Now during the phase of distribution of his assets.

Mufti Ebrahim Desai · Accepted Answer

If your father was survived by three sons and four daughters, then his estate will be divided into 10 equal shares and distributed as follows: Each son will inherit two shares and each daughter will inherit one share.

Some aspects of of the details of the question are not clear. In principle, if your father gave any of his possession to any child during his lifetime as an outright gift, then that will belong to that child and the gifted item will not form part of his estate. If the agriculture land was not given to you in his lifetime and only transferred to you after his death, then that will form part of the net Estate. All the heirs will be entitled to their Shar'ee shares in that land.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

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