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Are we suppose distribute everything OR distribute all other money except the house since our father gave us during his life law of inheritance does not apply to the transaction during the life.

Answered according to Hanafi Fiqh by Askimam.org

We are two sons and four sisters. Couple of years back father decided to gave his house to his sons (me and my brother) at that time my sisters were not agreed with the decision since the amount in the bank which he decided in his ?will? will be distributed among daughters is much less then the price of the house. My father did not agree with the daughters since he thinks sons needed most this property and later he legally transfers the ownership of the house to us (both sons equal owner of the house). After the death of my father my elder brother want to give the amount in the bank to the sisters but they refuse to accept it and say that father unjustly gave much expensive house to sons which is much bigger share if you compare to Islamic law of two parts to the son and one to the daughter and we (brothers) have to do justice by giving up the house and distribute everything according to Islamic law of inheritance and ignore fathers will which clearly state all money to the daughters and house to sons.

Answer

According to our understanding of the matter, your father gave the house to his sons during his lifetime. The transfer was also done.

If our understanding is correct, then the house given to the sons falls under the category of hiba (gifting) in Shari?ah. The sons will be the rightful owners of the house and the daughters do not have any claim over the house. The laws of inheritance and succession according to the Shari?ah applies to possessions owned by your father at the time of death. He, himself, was not the owner of the gifted house during his death.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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