❖ Key Sharʿī Principles for Distribution of Inherited Property ❖
Answer by: Fadhīlat al-Shaykh ʿAbd al-Wakīl Nāṣir حفظه الله
We siblings are in the process of dividing inherited property. One of us wants to buy the property and has verbally agreed to pay a small amount now (one or two lakhs), and distribute the remaining shares after selling the house. However, there is no written agreement. Additionally, if that person later sells the property at a higher market rate but pays us according to an older, lower rate — and no payments have yet been made — is this method valid?
✔ All heirs should mutually nominate one trusted person to handle the sale of the property.
✔ That person should be given clear authority to sell at a fair and current market price.
✔ Each heir is entitled to their share based on the present-day market value,
Not based on outdated or speculative rates.
✔ If any sibling takes responsibility for the administrative burden, such as facilitating the sale,
✔ After the distribution is complete, the others may voluntarily give them an additional gift, which is permissible in Sharīʿah.
✔ Verbal arrangements are prone to disputes and misunderstandings.
✔ It is strongly recommended to document all terms in writing, with clear mention of payment timelines and share allocations.
✔ The property must be divided according to current value.
✔ All agreements should be formalized in writing to avoid conflict.
✔ If one sibling is handling the sale, they may be voluntarily rewarded, but not from others' shares.
✔ Transparency and justice must be upheld in all dealings.
Answer by: Fadhīlat al-Shaykh ʿAbd al-Wakīl Nāṣir حفظه الله
❖ Question:
We siblings are in the process of dividing inherited property. One of us wants to buy the property and has verbally agreed to pay a small amount now (one or two lakhs), and distribute the remaining shares after selling the house. However, there is no written agreement. Additionally, if that person later sells the property at a higher market rate but pays us according to an older, lower rate — and no payments have yet been made — is this method valid?
❖ Sharʿī Guidelines for Property Division:
◈ Appointing a Representative:
✔ All heirs should mutually nominate one trusted person to handle the sale of the property.
✔ That person should be given clear authority to sell at a fair and current market price.
◈ Distribution Based on Current Market Value:
✔ Each heir is entitled to their share based on the present-day market value,
Not based on outdated or speculative rates.◈ Effort of the Person Handling the Sale:
✔ If any sibling takes responsibility for the administrative burden, such as facilitating the sale,
✔ After the distribution is complete, the others may voluntarily give them an additional gift, which is permissible in Sharīʿah.
◈ Prefer Written Agreement Over Verbal Deals:
✔ Verbal arrangements are prone to disputes and misunderstandings.
✔ It is strongly recommended to document all terms in writing, with clear mention of payment timelines and share allocations.
❖ Current Scenario – Observations:
✘ Delay in Payment:
- If the person intending to purchase the property has not paid anything or refuses to finalize a clear written agreement,
➡ This approach is unacceptable and should not be relied upon.
✘ Selling at Higher Price But Paying on Old Rates:
- If the property is sold at a higher rate, the proceeds must be divided based on that actual selling price.
➡ Paying siblings on the basis of outdated property value is neither Sharʿī nor ethical.
❖ Summary:
✔ The property must be divided according to current value.
✔ All agreements should be formalized in writing to avoid conflict.
✔ If one sibling is handling the sale, they may be voluntarily rewarded, but not from others' shares.
✔ Transparency and justice must be upheld in all dealings.
