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Shall Sisters Be Given Their Share Of Inheritance From Unsold Property?
Background of real story: We are 5 Brothers and 2 Sisters. Our parents left us a home(inheritance property), where 3 married brothers with families, 1 brother(unmarried) and 1 sister(unmarried) are currently living. (both unmarried brother and sister couldn’t be married)
1 married sister and 1 married brother living at their own places.
The house hasn’t sold for 5 years(after parents died), there’s a plan to sell the house in near future(but don’t know exact time).
Question is: Are the married brothers obligated to provide any sort of inheritance money to the married sister prior to the property is sold? (Share of inheritance may be in one of following conditions)
1- An actual share calculated with current Value of house
2- Portion of share from the Value of house until sold ( than actual to be calculated).
3- Inheritance Share as monthly rent, considering Brothers living as rentals(actual to be calculated)
Note: This question isn’t for how much share of brothers and sisters as per Islamic Sharia, we know that scenario.
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10 Replies
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Shall Sisters Be Given Their Share Of Inheritance From Unsold Property?
updated 4 years, 5 months ago
6 Members
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10
Replies
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In my opinion there’s no obligation to provide any money to anyone until the sale has been materialized. That said, the married sister has a right to ask for a portion of the rent while others are living on the property. However, if any rent is paid out, it should be treated as a separate transaction, without any bearing on the inheritance share. In other words, when the house is sold, she will get her full share regardless of how much money was paid out to her in rent.
* This is my educated opinion, not a scholarly one.
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Salam,
Regarding this:
“In my opinion there’s no obligation to provide any money to anyone until the sale has been materialized”
This would create a scenario where married brothers continue to live in the house and never sell it, in which case the sister will never get her share. It is a very common scenario that can happen specially in joint families and creates problems as well.
Please let me know how do you think about this as just?
In contrast, I can also see hardship for the Married brother in how to pay the married sister in the interim until property is sold as the house itself is not giving any income if one is living in it.
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Of course my comment was based on clean intentions and a sincere effort in trying to sell the house. From “the house hasn’t sold in 5 years” I assumed that effort was made to sell the house.
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In the first 5 years, few attempts were made to sell the house, but no one (including the married sister) were really in favor of selling home.
Current Situation: Sister isn’t demanding the share until the house is sold and now everyone agreed to sell the house( but don’t know how and when).
The remaining question is, are brothers still obligated to provide some sort of money to sister, since they are living in the house?
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I would say that she has the right to ask for rent.
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Rent should be high enough to burn the cash quickly – This will motivate to sell it asap otherwise I don’t see any real motivation/rush to sell it.
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“Current Situation: Sister isn’t demanding the share until the house is sold and now everyone agreed to sell the house( but don’t know how and when).”
Don’t understand “but dont know how“
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Sorry , “how “ added by mistake, it should be “agreed to sell the house but don’t know when it will be sold due to current situation”.
JazakAllah Khair everyone for your inputs.
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To be fair, the rent should be paid in the amount equivalent to the sister’s share until the house is sold.
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This is more of a question of best ethical practice and strategy to fulfill a religious requirement of giving the inheritance to its right full owners.
In my view following would be the best practices in the given situation:
1. If benefiting parties (folks living in the house) can afford to payout other brothers & sisters, they should do that, so they own the house and can sell if they want or keep living there if they wish to.
2. If they can’t afford, all parties should hold a meeting and decide if they want to sell the house or keep it.
3. If the decision is made to sell it then sincere and immediate efforts should be made to sell it.
4. In either case, while the house is not sold (or if all parties decided to keep it), benefiting parties should pay rent to the others.
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