Title: Distribution of plots owned by mother

Question: I have two questions to ask. (1) I have 3 sisters and I am their only brother. 11 years ago my father expired. My mom is still alive. So we want to distribute money according to Shariah. Kindly advice. (2) My mom has 7 plots and a flat. Now she also wants to distribute it but according to her wish not as per Shariah, so is it haram in Islam? Also if it is haram how to distribute it according to Shariah? My sisters say happily without any pressure that they don't want anything from us, so will it be acceptable if they will not take their share? Kindly note that my mom's and dad's parents expired and I am unmarried.

Answer ID: 153736Posted on: Sep 1, 2020

Bismillah hir-Rahman nir-Rahim !

(Fatwa: 1323/1298/M=11/1438)

The seven plots which are with your mother if they are left by your deceased father then all the Shariah heirs shall have their shares in it. It is wrong for your mother to distribute them as per her own wish. It is wajib to give each heir his/her Shariah share. The mother is entitled to receive only eights share while remaining shares shall go to you and your three sisters, you shall have double of the sisters’ shares. If the sisters don’t want to take their shares, then they can first receive their shares and then give it to you. But in case your mother is the owner of the said seven plots and she wants to distribute them in her life then the best method is that all the children are given equal shares. However, there is no harm if some differences are made on reasonable basis and there is no intention to harm any heir.