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Question ID: 1548 Category: Dealings and Transactions
Inheritance

We are 11 siblings (4 brothers + 4 sisters from my mother, 2 elder brothers + 1 elder sister from second mother, same father). My father was old and had no source of income when I migrated to USA. I started sending remittance to my father for family support. I sent money to my father as gift, making him full owner. With that money, my father bought 2 houses: our family home and a rental property.

My father legally registered one house (where our family currently lives) to 2 brothers and other house (rental property) to other 2 brothers. Even though my brothers were legal owners, but my father kept full control of both properties (repair, rent etc).

My father passed away 5 years ago and my real mother is still alive. Now we plan to sell the rental property. Here are few questions:

1.       Will the house sale amount be distributed to 2 brothers who legally own the property OR will it be distributed to my mother and all children of my father (including my step brothers and sister)?

2.       What should happen to the 2nd home (our family home) where my mother and one younger brother lives with his wife? We are not planning to sell that home in near future. Should that be sold and distributed as well similar to the other property? My brother who lives there takes care of our mother and has no job or source of income.

بسم اللہ الرحمن الرحیم

الجواب وباللہ التوفیق

In your case, the property will be considered your father’s, and all the children of your mother and father will have share in it. Merely naming two sons will not make them the owners of the property.

If the heirs of the deceased are as many as mentioned in the question, the division of that house will be per the following:

a. Total property of the father should be divided into 136 parts:

b. 17 parts shall be given to the living mother.

c. Each son inherits 14 parts.

d. Each daughter gets 7 parts. 

e. If both mothers are living, then both will share the 17 parts between them.

The second house will also be considered the property of the father, and in that too, all the brothers and sisters will have share in it along with the mother. The distribution of shares will be in same proportions as mentioned above. It is advisable to distribute the second house soon. It should not be delayed. 

والقبض لا بد منہ لثبوت الملک۔

(الہدایۃ ۳؍۲۶۷)

 

فقط واللہ اعلم واتم

Question ID: 1548 Category: Dealings and Transactions