My father left some property in terms of agriculture land, plots and house valuation of which is 77 lakh today. Out of that 22 lakhs came from my grandfather to my father. 30 lakhs is from my father’s own earning and 25 lakhs is from joint earning of me, my father and my younger brother. In this 25 lakhs my share was 8%, my father’s share was 29% and my brother’s share was 63%. We are 5 WARIS to my father (1) my mother (2) my elder sister (3) me (4) my younger sister (5) my younger brother. Both sisters are married and well settled. As I am elder brother I want to distribute the property as said in Holy Quran. Please help me for this so that no one’s right shall be violated. This distribution may be in 2 cases: (1) among 5 WARIS (2) If one or both sisters forgive their rights.

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 1067/828/D=9/1434)

Whatever land, property or cash your father has left shall be divided into 48 shares. Out of the total, your mother shall get 6 shares, you and your younger brother shall get 14-14 shares each while each sister shall get 7-7 shares.

The detail of division is as follows:
Wife: 1×06=06
Sons: 2×14=28
Daughters: 2×07=14
Total: 48

Note: If at the time of your father’s death his father or mother or any one of them was alive then explain it and submit the query again and treat this division invalid.
(2) The division shall be made among the five heirs as it has been made. The share of sister shall not be cancelled by saying that they will not take their share. Hence if they wish so they can take their share as per the division and take it into their possession and give it to whom they wish later.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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