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How will I distribute my property?

Answered according to Hanafi Fiqh by Askimam.org

My question is regarding the property distribution. I don’t have any son but two daughters. How will my property divided after my death. Can I write the will for my daughters name? If not i have heard people who transfer the property on wife’s name and then she gives to her daughter’s. Is that not allowed?

Answer

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

As-salāmu alaykum wa-rahmatullāhi wa-barakātuh.

According to the Shariah Laws of Inheritance and Succession, the estate of the deceased will be distributed after burial expenses, paying of debts (if any), and fulfilling bequests (if any) from the remaining one-third after burial expenses and paying of debts.  

Your query seems to indicate that your spouse is also alive. Accordingly, if you are survived only by your wife and two daughters, then your estate will be divided into 16 shares and distributed as follows:





Heir

Shares

Percentage

Wife

2

12.5%

Daughter 1

7

43.75%

Daughter 2

7

43.75%

 

You may write the will on your daughters name as long as your wife also receives her rightful share. You may also transfer the property on your wife’s name on condition she distributes it to the daughters as mentioned above.

If there are other heirs alive, for example, both or one of your parents or grandparents, then they will inherit and the proportion of the above mentioned shares will change.

You may fill in a standard form of wills and estates in which the estate will be regulated according to Shariah. There is no need to transfer the property to your wife’s name if it doesn’t belong to her or you don’t intend on giving her the property. If you do transfer your property to her name, she will be obliged to give your daughters their share from the property.

And Allah Ta’āla Knows Best

AbdulMannan Nizami

Student Darul Iftaa
Chicago, IL, USA

Checked and Approved by,
Mufti Ebrahim Desai.

www.daruliftaa.net

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

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