WALI
1
"Salam, Dear Respected Mufti,
I want to ask a question regarding inheritance. We are two brothers and two sisters, i.e., four children of our parents. We had one house which my mother had built with great effort, and part of it was also in my father’s name. The house was in my father’s name. Then, my mother passed away in 1986. After some time, my father received a golden handshake from his job and used that money to further build the house, but in 2001, he sold it. After that, in 2002, my father bought a flat which was in his name, and we, the two brothers, lived with our father in this flat. Our sisters were married at this point. My elder brother built another flat on top of the original one using his personal money, where he lives with his family (this is against government rules, meaning it is illegal), and I live downstairs with my family. My father passed away in 2009. Now, we want to divide the inheritance according to the Islamic law of inheritance.
Please clarify the following:
How much share will the brothers and sisters get from this flat?
What will happen to the flat that my brother built using his money on top of the original flat?
Will both flats' value be included, or only the value of the lower flat will be considered for division?
Since my father passed away in 2009, will we have to pay rent to the two sisters for this period, as inheritance is now being distributed?
According to Islamic principles, if the property is in the mother's name, what is the share of the daughter and the son? And if it is in the father's name, what is the share of the son and daughter?"
Please provide detailed clarification and send the fatwa with the stamp of the institution.
Thank you."**
