My question about property distribution from father to his sons, so we are 4 brothers, in 2008 my father distributed his property in 3 shares which is given to my elder brothers when I was student, and about my share he told they give me after his retirement from Govt. job in 2014, but after retirement they give me just 20% share of my brothers which they gave him and told me I cannot give any more to you but they have lot of property reaming. Even my condition is much weaker then my other brothers. So please tell me what does Shariah say about this so I can show him. Even I always obey him.

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 728/693/SN=10/1436)

Whatsoever a father gives to his children during his life time it is not ‘inheritance’ rather it is a gift and hibah from father. And while giving gift it is required that father maintains equality among all his children. If he has any daughters he should give them also. It is also necessary for the completion of hibah that the share of legatee is given into his complete possession except the things which are indivisible. Hence in the above mentioned case if your father did not give the share of each son into their complete possession then the hibah was not valid rather it remained in the possession of your father as usual. If he wants to give in gift then he should divide it afresh and give equal shares to all the sons as well as to his daughters if he had. And he should also give the share of each son and daughter into their complete possession. In case he gave the share of each son into their complete possession then it was valid as per the Shariah. Now it is not lawful to take it back from them. In such a case the father has more cash or property etc then he should give something from it to you so that your share is equal.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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