Dispute over an inherited property
22-11-2005 | IslamWeb
Question:
Hamiduddin Shaykh started business with 2 sons and it was decided in writing that Hamiduddin’s share - 50% and 2 sons will get 25% each. All the accounts and expenses were kept by brother Hamiduddin and both sons’ had no objection.
From at least 20-years of business earning they earned their house hold, arranged money for the marriages of 2 brothers -3 sisters and also they build property After construction of building in 1995 hamiduddin in witness of 2 Muslim brothers made a will and gave Haq to his 3 daughters from his part considering building’s market value each daughter was given Rs.140000+10000 GIFT and got writing on stamp paper from daughters to leave their Haq from building and after eight years (2003) Hamiduddin also made another will dividing floors and rooms among his 2 sons and made written will accordingly in presence of 2 witness and his3 daughters to sign that will .
There after Hamiduddin died in year 2005, question aroused after his death by daughters that when in 1995 will took place they were given only share from their father's share i.e.50%, as this was a joint family so earning of both the sons also must be calculated as one which was actually used in construction and kept separate during time of will by father as they say they do not believe in partnership deed between father and two sons but they only believe that this all was in the name of Hamiduddin so it will be counted that way…Now another question that value of building is increased 4 times in 10-years and so daughters and their husbands are saying that they want their Haq from this increased value but they are not counting value of money used and increased in their investments and business in 10-years by using 150000.. They are now threatening to file case in court to bring stay on sale/rent of building .The widow of Hamiduddin didn't got share in wills (1995-2003) but all her responsibility was laid on both sons equally. What about her?
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
Firstly, according to the most preponderant opinion of the scholars 
it is not permissible, in general, for a father to prefer one child over others when gifting them. Rather, he is obliged to be just between them. The Prophet said: "Fear Allaah and be just amongst your children." [Al-Bukhari]
Secondly, if it is confirmed that there is partnership in some wealth between the father and some of his sons, then each of the partners has a share in this partnership, this is in general.
As regards the issue you mentioned, since it is a matter of dispute, and it might be that some matters need details and clarifications so that we will be able to determine the appropriate ruling, and evidence may be needed for the claimant to prove his claim, then it is more appropriate to take the matter to the bodies that are specialised in solving disputes in your country, like Islamic courts and the like.
Finally, we remind the different parties who are disputing in this issue to fear Allaah and not claim that which one has no right in. We advise you to keep ties of kinship and not cut them because of a temporary worldly benefit. So it is better to reconcile even if some parties have to renounce some of their rights, as this is more rewarding.
As regards the wife, it is not permissible to prevent her from taking her share from her husband's inheritance. She is among the heirs that are stated in the Quran; she is entitled to one-eighth if her husband had any children, and she is entitled to a quarter if her husband had no children.
Allaah Knows best.