Question:

Country: Pakistan

Salam.

My late father promised my late uncle that after selling his property he would give him 1 crore pkr. At the time of promise the value of property was 14 crores plus, my father even got offer to sell property for 14 crores, but he wanted 15.5 crore. My father told me that hes transferring property to my name and he told me shares of everyone but at that time in his mind the value of property was 14 crore or more than that & he told me to give 1 crore to my chachus family, my father passed away later. So i decided that 14 crore is the benchmark if the property is sold for more than that i will give more money to the family of my uncle however if its sold for less money then i will adjust accordinly hence i calculated percentage which is 7.14%, this is the percentage if i give 1 crore to someone out of 14 hence i decided i will adjust property share according to this percentage. Now the thing is property is being sold for 9 crore pkr so 7.14% of 9 crore pkr is approx 65 lacs hence please tell me is this the share of my late uncle? or do i still give them 1 crore even though property is sold for less money? There is share of my sisters as well & share of everyone is reduced obviously because property is not sold for 14 crores, but it’s sold for 9 crore pkr.

Do i give 1 crore pkr to my uncle’s family regardless of what property is sold for? Like even if property is sold for 2 crores instead of 14 or 9 crores do i give them 1 crore or do i adjust money according to the value my father had in his mind.

(Question published as received)

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

The promise your late father had made to your uncle was applicable only during his lifetime. If your father passed away without having gifted the amount he promised (in accordance with the correct gifting conditions from a Shar‘i perspective); or without having bequeathed that amount from one third of his inheritance estate, then your uncle will no longer be entitled to that amount after your father’s passing away. Instead, his entire estate will now be inheritance. As such, without the explicit permission and agreement of all of the inheritors, it will be impermissible to give anything from your father’s estate, after his demise, to your uncle. If you would like us to help you calculate the inheritance shares from your father’s estate, please send us a list of the heirs, and we will be more than happy to assist in this regard.

And Allah knows best

Mufti Khaleel Bhana