Division of Father’s Property

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
We are 2 brothers and 3 sisters. All are married and well settled in their respective homes. In the year 2008 my mother expired. My father currently owns an independent flat worth Rs. 70 lacs. I am staying with my father. My elder brother is settled with his family in UAE. Now my father wants (in his life time) to divide his property between we 2 brothers and 3 sisters, as per the Islamic Shariah. As per the Islamic Shariah, what be the share of each one?

بسم الله الرحمن الرحيم

(Fatwa: 252/249/B=03/1436)

If a father wants to distribute his property during his lifetime among his children then it is better that he gives equal share to each whether it is son or daughter. For example, he can make five shares and give 1-1 share to each. But if it is against expediency then he can distribute it according the rule of inheritance and make seven shares. Out of which he can give 2-2 shares to each son while 1-1 share to each daughter. He should give it into their complete possession.
لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband


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