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Complicated Inheritance

Last updated: 27th February 2011
Question ID: #4142
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Salaam, I would like to ask a question regarding inheritance. My parents are from Gujerat India. My mother has passed away and i thought I would ask my motherís side of the family to sort out my motherís inheritance. My Motherís side of the family were 4 brothers (all pased away) and three sisters(two passed away including my mother, with my one aunty still remaining). I went to my mum's brothers sons to ask the question on when the inheritance would be sorted out. The brotherís kids replied in the following way: In the year 2000/01 a valuation was done regarding all the estate and everyoneís share was calculated, out of which the sisterís share was 4.5 lakh. The sisters were then given 1 lakh with a 3.5 lakh remaining as per this evaluation. Now all that remains to be given in the present day is 3.5 lakh as per the valuation of 10 to 11 years ago. Out of the three sistersís one was living in India and two in London. The one in India was given the 1 lakh with witnesses and was told about the above (her husband and kids contest this and clearly states that the above brotherís version is untrue). My mother who has now passed away was given the 1 lakh direct by her brother in India and the one sister who is alive was given her 1 lakh by a third party. The One sister who is alive with the remaining kids of the two deceased sisters are saying: The sister who is alive is saying she was never told about the whole valuation or even told about her share in the estate, she did recieve 1 lakh (given through a third party, STILL ALIVE) The third party told her it was for a piece of land that was sold and the sisters share of this was 1 lakh. At no point did the brothers or their kids ever tell her about a whole valuation that had happened or she was never explained about it (NO KNOWLEDGE). She also has proof from the person who put the 1 lakh in her bank account who will state that this was the sisters share of a piece of land that was sold and not the whole estate. The two sisters, who have now passed away, were alive ten years ago and also recieved 1 lakh each and were also told that this was for their share of the piece of land that was sold, not the whole estate. The two deceased sisters kids were told by their mothers at the time that this 1 lakh was her share of a piece of land that was sold. Never were they also informed that this was their motherís share of the whole estate, or agreed to it. Proof: The brothers family have nothing in writing from the sisters that states that the valuation was recieved, read or agreed to by the sisters. All the brothers side are presenting is that they have two witness who gave the 1 lakh to the 1 sister who lived in India and she was told. Also the brothers side have produced a valuation which was done ten to eleven years ago, and was taken to a mufti at the time to work out who gets what and how much. This valuation is not dated, is not a legal document or has it been signed by anyone of the brothers or sisters to acknowledge it or agree by it. Question: Can you please advise as this conflict is going to hurt my motherís family which I donít want. All I would like is my motherís share as per sharia law. 1) Are the brothers families allowed to insist that the evaluation 10 years ago stands (even though they have nothing legally binding)? 2)does a new valuation need to be done and then as per the new valuation all shares should be worked out as the valuation ten years ago is too old? 3)If the old valuation should stand, then should all abide by the old shares not only the sisters? If so this will leave a surplus of money, should this money then go to charity? Wassalaam

بسم الله الرحمن الرحيم - الحمد لله رب العالمين و الصلاة و السلام علي سيدنا مولانا محمد و علي اله و أصحابه أجمعين

السلام عليكم و رحمة الله و بركاته

This is a disputed matter that involves many others and would require the submissions of all parties concerned before an informed decision can made. It is not possible, feasible or beneficial to answer this question through this medium. I suggest this case be taken to a shariah council comprising of pious ulama that are respected by all the stakeholders involved so that it may be resolved amicably. If possible, the details of the assets in question, method of valuation and the contact of the Mufti mentioned should be kept at hand to give to these arbitrators.

Answer last updated on:
23rd September 2011
Answered by:
Ulamaa ID 02