Assalamualaikum, When my father was alive we had one house. Now he has died. Now we have purchased one more plot. My father had three sons and one daughter including me and my mother is also alive. When my father was alive he used to say that he will give the house to my Brother who is Hafeez and Aleem where as we were studying and he was hopeful of we getting good job and salary. Now the issue is do we need to give this house to my Brother who is hafeez and aleem or distribute it as per Islamic Shariat. Kindly answer this in light of Quran and Hadees. May Allah reward you.
Answer:
(Fatwa: 714/669=B/1430)
Your father only intended to give the house, it was neither gift nor selling; therefore after his death, the house will be counted in his left property and each heir will inherit it as per his or her share. The entire property and wealth of him will be distributed in 8 shares; out of which each son will get 2 shares, the daughter 1 share and his wife also will receive 1 share.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband