Dividing an Estate for Inheritance

(1) In general, every heir, regardless of which household he/she belongs to, has a specific share of the total estate. The default is that each individual part of the estate (like each plot of land, for example) is divided among all heirs based on respective shares. However, if the heirs mutually agree, then the estate could be divided in a way such that one person or family has one entire plot while another one has another plot, as long as everyone still receives his/her respective share.

For specifics, a local reliable scholar should be consulted.

(2) The estate of the deceased must be divided immediately upon his death, as every heir becomes an immediate owner of his or her share and has the right to their property. Delaying therefore is sinful, so due care must be taken. [Maydani, Lubab]

And Allah knows best.

Answered By: Shaykh Zain ul Aqtab Siddiqi

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