Our father has left us a property that we intend selling, how do we distribute the property between us 5 brothers and 3 sisters?
I need a urgent answer Respected ulema, please.
Our deceased father has left us a property that is approximately 1000 square meters and which we intend selling at approximately 875 000 rands.
We are 5 brothers and 3 sisters.
Could you please advise us how to distribute the property amongst us siblings?
And please advice on who has right on purchasing the property the neighbour of the property concerned or a family member?
Bismillaahir Rahmaanir Raheem.
Alhamdulillaahi was salaatu was salaamu `alaa Rasoolillaahi wa `alaa aalihi wa sahbihi wa man waalaahu, wa ba`d:
If you children are the only inheritors, meaning the deceased left no parents or wife then the division will be as follows:
The 875,000 will be divided into thirteen equal shares, each brother will take 2 shares, and each sister will take one share.
Allaah says in Surah An-Nisaa Aayah 11: “Allaah instructs you concerning your children, the male has equivalent to the share of two females.” [i]
So each brother will get R134,615.38
And each sister will get R67,307.69
Which will amount to R874,999,97
Then you can just give the last 3 cents in Sadaqah In-Shaa Allaah.
With regards to the right of purchasing the property, then whoever has a share in the property will have first preference, then second choice will be given to the one who is affected by the property, and third preference will be given to the muslim neighbour, after them you may sell it to whomsoever you wish.
Imaam Al-Margheenaanee Rahimahullaah says in Al-Hidaayah: “The right of Shuf`ah (pre-emption in buying the property) is established for the one who is affected by the item itself, then for the one who is affected by the rights of the item like a drinking well and a common road, and then for the neighbour.” [ii]
So if the family member is a partner in the house then he will have first preference.
If for instance the house was originally one big house on one plot that was divided into two, and you own one part, then the person who owns the other part will get next preference.
Lastly your muslim neighbour will get preference.
However if none of them are interested in buying it then you may sell it to whoever you want.
And Allaah knows best.
Ubaidullah Ibn Adam Aal-Ebrahim.
Checked and Approved by:
Mufti Rashid Ahmed Moosagie.
Tuesday 6th Muharram 2012 – 20th November 2012.
[i]يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ. – سورة النساء آية ١١.