We are three brothers and two sisters and mother. My father expired 15 years ago, and the nominated all the property in my mother’s name. The property consists of three double storied houses, 2 acres of paternal grandfather’s land and a land sold recently for 10 lakhs. Everything is with my mother only, even the rents, yield of the land and pension of my father, since he expired. My both the elder sisters are happily married and well established. I want to know how the property will be distributed and each of us will get the share.

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 36/38/N=01/1435)

In the question mentioned above, if at the time of your father’s death none of his parents was alive then all the property of your father shall be divided into 64 shares after paying due rights proceeding inheritance. Out of which your mother shall get 8 shares, 14-14 shares shall go to each son while each sister shall get 7-7 shares. The detail of Shariah division is as follows:

Details:

Wife: 1×08=08
Sons: 3×14=42
Daughters: 2×07=14
Total: 64

It should be noted that the monthly pension that your mother is receiving is solely her right, it is a kind of help and gift from the government for her. Neither it shall be considered as the inheritance of the deceased father nor shall it be distributed among his Shariah heirs.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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