Shariah Method of Dividing Property Among Five Brothers
Source: Fatāwā Rāshidiyyah, p. 587
Question:
Five brothers migrated from India to Pakistan. Their property was divided equally among them.
Later, four brothers had children, while one brother, Sulṭān, remained childless. Sulṭān lived with his nephew ʿAbd al-Rashīd, who treated him like a father and made him the head of the household.
ʿAbd al-Rashīd worked hard, earned wealth, and accumulated considerable property. Since Sulṭān was the household head, all property was registered under Sulṭān’s name.
Now, Sulṭān has been deceased for 22 years. In this time, none of the other nephews claimed any share in the property. However, one nephew, Salīm Khān, is now demanding a share, while the rest remain silent and testify that the property was actually earned by ʿAbd al-Rashīd and only registered in Sulṭān’s name as household head.
The question is: Do the other nephews or their children have any share in this property or not?
Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ʿammā baʿd!
It must be understood that all of Sulṭān’s supposed property actually belongs to ʿAbd al-Rashīd, due to the following reasons:
✿ Sulṭān had given the property to ʿAbd al-Rashīd as a gift (hiba).
✿ All of the property was earned through ʿAbd al-Rashīd’s labor and efforts.
✿ Witnesses confirm that the wealth was earned by ʿAbd al-Rashīd and only registered in Sulṭān’s name because he was the household head.
✿ Furthermore, 22 years have passed since Sulṭān’s death, during which no one made any claim.
Now that only Salīm Khān is claiming, his demand is invalid because:
✿ None of the other nephews are demanding a share.
✿ Testimonies establish that the property truly belongs to ʿAbd al-Rashīd.
✿ If the fathers (the brothers Akbar, Shaukat, etc.) never claimed a share in their lifetime, their sons cannot later claim on their behalf.
Conclusion:
It is clear that Salīm Khān or any other nephew has no rightful claim in this property. The entire property belongs solely to ʿAbd al-Rashīd.
ھذا ما عندی واللہ أعلم بالصواب
