Rental Distribution Between Heirs
Question
A commercial property has come into my grandfather’s estate (deceased). The property has now passed to my father and his siblings (6 brothers and 2 sisters). The property has 2 sections, i.e. a shop at the front with rooms at the back section. The rental from the shop is divided among all the siblings except for the rental received from the back section-one brother collects that without sharing it amongst the other siblings. Is it permissible for the brother to do this? If the siblings wish to sell the property, how would the shares be distributed?
Answer
In the queried scenario, it is obligatory that the rentals of the entire property (shop and the back rooms) be divided between all the heirs according to the Islamic Share of Inheritance.
Each son/brother will get 14.28% and each daughter/sister will get 7.14%.
Furthermore, in the future, if the property is sold, the funds must be distributed according to the share mentioned above.
ALLAH TA’ALA KNOWS ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!
References (Arabic / Urdu sources)
تتعلق بتركة الميت حقوق اربعة مرتبة الاول يبدأ بتكفينه وتجهيزه من غير تبذير ولا تقتير ثم تقضى ديونه من جميع مابقى من ماله ثم تنفذ وصاياه من تلك ما بقى بعد الدين ثم يقسم الباقي بين ورثته بالكتاب والسنة واجماع الامة (سراجی ص ٥)
- Answered by
- Mufti Abdul Kader Fazlani
- Checked & approved by
- Mufti Yacoob Vally Saheb
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