Her married brother died before her father died; who has the right of inheritance after the death of her father?.

My father died a month back.
He has a house in his name.
His son ( my brother ) died in an accident 8 years back leaving his wife.
I am the only daughter.
My mother ( my fathers one and only wife) is alive.
My father has two brothers and 4 sisters.
How to divide the property?
Praise be to Allah.
If the heirs are limited tothose mentioned in the question, then the
estateis to be divided among them as follows:
The daughter gets half, because Allah, may He beexalted, says
(interpretation of the meaning):
"…if only one [daughter], her share is half…"
[an-Nisa' 4:11].
The wife gets one eighth, because Allah, may He be exalted, says
(interpretation of the meaning):
"…their (your wives) share is a fourth if you leave no child; but if
youleave a child, they get aneighth of that which youleave after
payment of legacies that you may have bequeathed or debts…"
[an-Nisa' 4:12].
The rest of the estate goes to the siblings, male and female, with
each male getting the share of two females, because Allah, may He
beexalted, says (interpretation of the meaning):
"if there are brothers and sisters, the male will have twice the share
of the female"
[an-Nisa' 4:176].
With regard to your brother who died beforeyour father, he has no
share of the estate, because one of the conditions of inheritance is
that the heir should still be alive. Based on that, his wife has no
share. - - ▓███▓ Translator:-> http://translate.google.com/m/
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How should they dividethe house that they haveinherited? They worked to complete it, some of them spent on construction and some spent on finishing it.

A man left behind a two-storey house; each storey was an apartmentthat
was not completely finished. The heirs are his wife, four sons and two
daughters. The first son and the mother finished the first floor and
he got married and moved in. The third son finished the second floor,
and got married and lives there with his mother. Then the secondson
built an apartment on top of the house (a third floor) without any
help from anybody. Thenthe mother built an apartment on the top of the
house (a fourth floor), where the fourth son now lives, so that there
would not be any problems. The fourth sondid some of the finishing.
Please note that the older daughter got married when the father was
still alive and the younger daughter got married after he died. Also,
everything that the mother did of construction was paid for from the
husband's pension.
How should this house – including the apartment that was built by the
second son and the apartment that was builtby the mother – be divided?
Praise be to Allah.
Firstly:
The scholars are unanimously agreed that ownership of the estate
passes to the heirsas soon as the deceased dies. It says in
al-Mawsoo'ah al-Fiqhiyyah (24/76): Thefuqaha' are unanimouslyagreed
that the estate passes to the heir, if there are no debts, from the
moment the deceased dies. End quote.
Secondly:
If a man dies and leaves behind a wife, four sons and two daughters,
and he did not leave behind any other heir, then the wife gets a share
of one eighth, because there are descendants who inherit. Allah, may
He be exalted, says (interpretation of the meaning):
"but if you leave a child, they get an eighth of that which you leave
after payment of legacies that you may have bequeathed or debts"
[an-Nisa' 4:12].
The rest goes to the sonsand two daughters, witheach male getting the
share of two females, because Allah, may He beexalted, says
(interpretation of the meaning):
"Allah commands you as regards your children's (inheritance); to the
male, a portion equal to that of two females"
[an-Nisa' 4:11].
Thirdly:
If the heirs have agreed among themselves to some way of dividing the
estate, there is nothing wrong with thatand it is called "division by
mutual consent." But if they disagree then theway to deal with it is
to refer to the sharee'ah courts.
The scholars of the Standing Committee were asked:
How should inherited houses and movable possessions such as cars,
tools and so on be divided, when there is mutual consent and when
there is no mutual consent among the heirs? How should a rented store
be divided (i.e., the deceased used to rent it from someone else)? If
we say that the rental contract is inherited, please note that the
heirs are not able to benefit from these things because they cannot
all benefit from these things.
They replied: It should be divided among them according to the shares
of inheritance prescribed in Islam, withthe help of experts in
evaluation of the estate. If they agree amongst themselves to this
division and they are mature adults, there is nothing wrong with that.
But if they disagree, then the dispute should be referred to the
sharee'ah court. End quote from Fataawa al-Lajnah ad-Daa'imah, 16/459
It says in al-Mawsoo 'ah al-Fiqhiyyah (33/215):
The partners all want to divide the shared wealth, or some of them
want to do that and the others have agreed to the division and the
manner of implementingit, so they do not have any need to go to the
judge. In that case the division is called divisionby mutual consent.
One or more may want to do that but others may refuse. If the one who
wants to do it refers the matter to the court, and the judge takes
charge of dividing the wealth in accordance with Islamic principles,
in this case the division is called compulsory division.
Division by mutual consent is that which is done with the approval of
all partners.
Compulsory division is that which is done through the court because
there is no agreement among the partners. End quote.
On the basis of the above:
If you have agreed to divide the wealth amongst yourselves in a
certain manner, then praise be to Allah, and the matter is as you
haveagreed, no matter what form it takes.
But if you disagree, thenthe way to deal with it isto refer the matter
to the sharee'ah court to judge between you.
If there is no sharee'ah court, or you refuse to refer the matter to
the court, then the current value of the house, with all its floors
and finishings, should be worked out, then each heir should be given
back what he spent on construction or finishing, or an amount in
addition to his share should be worked out for him. The value of the
apartment where he is living should not be given to him in full,
evenif he built it independently, because the value of the apartment
includes a share of the value of the land. What he spent should also
not be given to him in full because the value of the structure he
built or the finishing usually depreciates with use, and he originally
spent itfor his own benefit.
Whatever is left of the value of the house should then be divided
among all the heirs, as described above.
For example, what the mother spent on construction or finishingmay
either be returned to her possession, and she may dispose of it
however she wants, or itmay be included in the estate and be divided
among all the heirs according to their shares.
In this case, either the house should be sold and each one can take
his share of the inheritance along with what he spent on construction
or finishing, or each one can stay in the apartment he built on the
basis that he will paywhat he owes to the other heirs, or it may
remain a debt that he owes to them, if the one who is entitled to that
agrees to it.

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Toasted Bread

"When I was a little Boy, I remember one day in particular when she
had made breakfast. She musthave been very tired. My mom placed a
plate of eggs, and rather burned toast in front of my dad. Iremember
waiting to seeif anyone noticed. Yet all my dad did was reach forhis
toast, smile at my mom, and ask me how was I ready for school. I don't
remember what I replied, but I do remember watching him smear butter
and jam on that toast and eat every bite!
When I got up from the table, I remember hearing my mom apologize to
my dad for burning the toast. And I'llnever forget what he said:
'Baby, I love burned toast.'
Later that night, I went tokiss Daddy and I asked him if he really
liked his toast burned. He wrapped me in his arms and said, 'Your
Momma works hard day after day and she's real tired. And besides a
little burnt toast never hurt anyone!'You know, life is full of
imperfect things…..and imperfect people. I'm notthe best football
player either.
What I've learned over the years is that learning to accept each
other's faults – and choosing to celebrate each other's differences –
is the one of the most important keys to creating a healthy, growing,
and lasting relationship.
We should learn to take the good, the bad, and the ugly parts of your
lifeand lay them at the feet of Allah . Because in the end, He's the
only One who will be able to give you a relationship where burnt toast
isn't a deal-breaker! We could extend this to any relationship in fact
– as understanding is the base of any relationship, be it a
husband-wife or parent-child or friendship!!" - - ▓███▓
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Fruits of Honesty

Sincere Muslims invariably act upon Qur'aanic injunctions likethe following:
"0 you who believe! Stand out firmly for justice, as witnesses to
Allah, even as against yourselves, or (your) parents or (your) kin…"
(surah 4;verse 35)
"And let not the hatred ofany people make you swerve to wrong and
depart from justice; be just, that is next to piety; and fear Allah…"
(surah 5;verse 8 )
And when you judge between mankind (Allah does command), that youjudge
with justice. " (surah 4;verse 58)
"Whatever you say, speakjustly, even if near relative is concerned…"
(surah 6;verse 152)
Once, during the early days of the British administration, in India,
there arose in Kandhla, inthe Muzaffarnagar District (ie. in the State
ofUttar Pradesh), a dispute between the Hindus and the Muslims over a
plot ofland which both of them claimed as their place of worship. The
English Collector of the district privately inquired from the Muslims
if they could name a Hindu in whose honesty they had full confidence,
so that that the case might be decided on the basis of his evidence.
The Muslimssaid that they knew of nosuch Hindu.
The collector then asked the Hindus whether therewas a Muslim upon
whoseword they would be willing to let the decisionof the dispute be
made. The Hindus said that, grave as the matter was, there was a
Muslim divine who had never uttered a falsehood and it could be hoped
that hewould not compromise his integrity over the issue in hand. The
Divine came from the family of Mufti Ilahi Bakhsh, who was a pupil of
Shah Abdul Aziz and a Khalifah of Sayyid Ahmed Shahid.
The Collector, thereupon, summoned him to his court, but he declined,
saying that he had swornnever to look at the face of an Englishman.
The Collector said that he need not look at his face if he did not
want to, but come he must, because the matter in dispute wasserious
and its settlementhinged on whether he came or not. At last, the
Moulana agreed. He camewith his face covered with a mask and stood in
the court, his back turnedtowards the Collector so that there could be
no possibility of his vow being broken. The case was explained to him,
and he was asked to state whether he knew anything about the ownership
of the plot. The Moulana declared that the plot in dispute belonged to
the Hindus; the Muslims had nothing to do with it. The Collector
decided accordingly. The Muslims lost the case, but 'truth' scored a
magnificent victory. A number of Hindus embraced Islam on that very
day at the hand of the Moulana.
Learning and wisdom were held sacrosanct in those days. Those who
occupied a high place in the field of learning werenot disposed to
sell their intellectual wealth at any price, because it was regarded
by them as a precious gift and a sacred trust of Allah. To lend one's
ability or knowledge , directly or indirectly, to serve the cause of
injustice and unbelief was in their view tantamount to an open
betrayal of religion.

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I welcome, My Blog Readers Openions. So write your comments and
Suggetions any time, below each Posts or Write to my Email -
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Thanks my Readers.
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¤ Assalamualaikum Wa Rahmatullahi Wa barakatuh ¤
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