Ancestral property Distribution according to islamic law
Syed Junaid Ali
(Querist) 21 January 2016
This query is : Resolved
Assalam-o-aliakum
I'm Junaid and I'm the only son and I have six sisters and one of our sister is asking for property right in the lifetime of our parents. Could you please elaborate the distribution pattern for the property.
We have 3 houses and a land costing around 4 cr what are the distribution pattern to divide the property to 1 son and 6 sisters.
Please help me regarding this and it's an emergency situation as we don't want to go to court for such an issue.
Please guide us to go through the distribution smoothly.
Shuriya and may allah help you in resolving our problem.
Jazakallah.
Allah hafiz.
Anirudh
(Expert) 21 January 2016
The concept of 'ancestral property' is not applicable to Muslims.
When the owner of the property is alive, nobody (including your sister) cannot claim any share.
Rajendra K Goyal
(Expert) 22 January 2016
Take help of family elders, society respectable person to arrive at the amicable solution as per shariat.
P. Venu
(Expert) 22 January 2016
Yes, under the Islamic law, the property opens upon partition, only after the life time of the owner of the property.
K.S.Srinivas
(Expert) 01 February 2016
Birth-Right:
Inheritance opens only after the death of a Muslim. No person may be an heir of a living person (Nemoest haeres viventis). Therefore, unless a person dies, his heirs have no interest in his properties. Unlike Hindu law, the Muslim law of inheritance does not recognise the concept of ‘right by birth’ (Janmaswatvavad).
Under Muslim law, an heir does not possess any right at all before the death of an ancestor. It is only the death of a Muslim which gives the right of inheritance to his legal heirs.
