When a person dies, the property passes by inheritance to the sons and daughters. But in most cases the daughters are deprived. The sons of the deceased sell their sisters’ property and enjoy the proceeds.
In many cases, after long enjoyment, the daughters are later given what they are owed. The question then arises: if the brothers wish to give their sisters their due, must they pay the price at the time of sale or the present price?
Who owns the property
When a person dies, the heirs become owners of the property left behind. Ownership passes at that moment, according to the rules of the Shariah. Sons and daughters are all heirs, so the sisters too are owners of their share.
Selling without giving the sisters their share is not permissible
Selling all the land without handing the sisters their share under the Shariah is entirely impermissible, whether one brother sells or several together. Selling without telling the sisters is not right, nor is selling so as to deprive them. In the eyes of the Shariah such a contract of sale is not valid.
What must be done now
If the sisters do not accept the sale, the property in their share must be recovered from the buyer and handed directly to them.
If the sisters accept the sale, a different rule applies. The sale price on the day the land was sold is to be taken, and money equal to the sisters’ share at that price must be handed over to them in full. That is, the price on the day of sale applies, not the present price.
The consequence of withholding their due
Not giving sisters their due in ancestral property is a form of unlawful occupation. If what they are owed is not paid in this world, severe punishment awaits before God in the hereafter, and a strict accounting will have to be given there.
বাংলায় মূল প্রতিবেদন পড়ুন · Read the original Bengali report