How will the 14 crore house be distributed among 2 brothers, 5 sisters, and a living grandmother according to Shariah?

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Aoa

Hamara Ghar hai 1 kanal ka 2 Bhai or 5 behne Hain

Ghar Dadi ka nam hai Dadi Zinda hai Alhamdulillah

Ghar sale krna hai Ghar ma Dadi ka hisa huga qanooni or Shari toor par

Ghar ki value 14 crore hai Bhai ke 2 hisay hutay Hain

Or bheno ke 1 bhaio ko hisa kitna percent milta hai

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In the matter of the division of property, the distribution among legal heirs is governed by Muslim Personal Law (Shariat). Given the scenario, the legal and Shari shares in the property will be determined as follows:

Legal and Shari Distribution

  1. Dadi (Paternal Grandmother):
  • Since the grandmother is alive, she is entitled to a share in the property.
  1. Sons (Brothers):
  • Under Islamic law, the sons typically receive a larger share compared to the daughters. The general rule is that a son receives twice the share of a daughter.
  1. Daughters (Sisters):
  • The daughters are also entitled to a share in the property.

Considering that there are two sons and five daughters, the distribution of the estate would generally follow the principle that the male heirs receive double the share of the female heirs.

Calculating the Shares

To calculate the specific shares, the following steps can be taken:

  1. Determine the Total Number of Shares:
  • Each son gets 2 shares, so 2 sons = 4 shares.
  • Each daughter gets 1 share, so 5 daughters = 5 shares.
  • Total shares for sons and daughters = 4 + 5 = 9 shares.
  1. Calculate the Share of Each Son and Daughter:
  • If the grandmother is alive, her share needs to be deducted first. In the absence of specific details, we will proceed without deducting her share.
  • Each son’s share = 2/9 of the estate.
  • Each daughter’s share = 1/9 of the estate.
  1. Calculate the Percentage Share for Each Son and Daughter:
  • Each son’s percentage share = (2/9) * 100 = 22.22%
  • Each daughter’s percentage share = (1/9) * 100 = 11.11%

Distribution of the Property Valued at PKR 14 Crore

  • Each Son’s Share: 22.22% of PKR 14 Crore = PKR 31,108,000 (approximately).
  • Each Daughter’s Share: 11.11% of PKR 14 Crore = PKR 15,554,000 (approximately).

Relevant Legal Principles

  • The West Pakistan Muslim Personal Law (Shariat) Act, 1962, Section 2 states that in all questions regarding succession, the Muslim Personal Law (Shariat) shall be the rule of decision where the parties are Muslims.
  • Muhammad Azim v. Faqir Bakhsh and others, 1990 SCMR 305, clarifies the application of Shariat Law in inheritance matters, particularly concerning the rights of daughters in self-acquired property, and emphasizes the importance of documentary evidence in determining whether Shariat Law or Custom governs inheritance in specific cases.

Important Considerations

  • Share of the Grandmother: The exact share of the grandmother needs to be determined based on the specific school of Islamic jurisprudence applicable to the family.
  • Mutual Agreement: The legal heirs can mutually agree to alter the distribution of shares, provided all parties are adults and consent to the arrangement.
  • Legal Advice: It is advisable to seek advice from a legal professional to ensure that the distribution is carried out in accordance with the applicable laws and to address any specific circumstances.

Conclusion

Based on the details provided, each son is entitled to approximately 22.22% (PKR 31,108,000), and each daughter is entitled to approximately 11.11% (PKR 15,554,000) of the property valued at PKR 14 crore. The grandmother’s share must also be accounted for as per Sharia Law. It is recommended to consult a legal advisor for a precise distribution plan that aligns with all legal requirements.

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