My taya after his death left a shop which is originally a waqf property means he was a tenant of the waqf property. Please tell how this property would be distributed among his 3 daughters and 2 sons.

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 1151/1149/M=9/1434)

The tenant is not the owner of rented property, while inheritance is the things which a deceased person leaves behind him. Thus in the above mentioned case, when your taya (uncle) was only the tenant of the waqf shop then the dealing of rent came to an end after his death. This shop shall not be considered as the inheritance of your taya. No inheritance shall be issued in it, i.e. it shall not be divided (among his heirs).

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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