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Distribution of my mother’s property according to Shariah

Answered as per Hanafi Fiqh by Askimam.org

I want to ask about the distribution of my mother’s property. We have a house which is my mother’s property and my father has two marriages and both have children. When my mother died the house was transferred to my name with the concern of my father and my real brother & sisters.

Two years before my father also died. Now we want to sale out this house. 1. Please tell us how we distribute our mother property? 2. Is my step brother & sister have share in our mother’s property?

Please note that my father granted his own property to my step brother in his life. We are 3 brothers and 5 sisters. And 1 step brother and 4 step sisters. 

Answer

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

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

According to our understanding of your query, the property in reference belonged to your mother. Upon your mother’s demise, she was survived by her husband (your father) and her children. How many children does she have including yourself? Were your mother’s parents, both or one, alive at the time of her demise? Also, was your father’s second wife alive when your mother passed away? You may send your response to admin@daruliftaa.net

And Allah Ta’āla Knows Best

Muhammad Haris Siddiqui

Student Darul Iftaa
Australia 

Checked and Approved by,
Mufti Ebrahim Desai.

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

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