Q: I want to know the share in an estate. Which is two houses two factories an one plot. My father in-law passed away nine years ago. He has three sons and four daughters. He was a retired teacher and also runs a business. His elder son doing work with him in that business and got monthly salary also. My father in-law starts another business for second son two times but unsuccessful. So they start third business on partnership of someone else  who is not a family member on fifty per share. My father in law also declared monthly salary for both his son and the other partner. My father in-law want to start one more business for his third son but he died before he did. All were living as a joint family and my father in law do all household and other dues himself. Now the matter is that the second son says the business he runs is his property only. No other one has a share in that business. After my father in law the elder son do all the expenses as his father had done. Now favour us how to share the state among seven children 3 brothers and 4 sisters.

A: If the son has indisputable evidence that the business belongs to him then how can it be taken away from him.

If the deceased only left behind 3 sons and 4 daughters then his entire estate will be divided into 10 equal shares and distributed as follows:

Each son receives 2 shares

Each daughter receives 1 share

And Allah Ta'ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)