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Islamic inheritance rules for father’s assets?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
My father Janab Abdul Ghaffar Saheb expired on 12/02/1989. He has built his own bungalow with his earnings in Udaipur (Rajasthan) at 80, Panchwati. We are three siblings eg one brother Khalid Mehmood aged 67 years, one Sister Mrs. Najma Munir aged 58 years and myself aged 55years. Before our marriage we were living in this bungalow. Further to let you know that after the death of my father Janab Ghaffar sahib, my brother did not bother to inform us that what are left behind, including this bungalow. We are still unaware that what was his savings in the banks or else, the copper and silver utensils/articles etc. My brother did not bother to inform us the details and not even consulted us for the distribution of the entire things including the bungalow which he is using since years. Now it has come to our notice that he is interested in selling the precious bungalow and elope somewhere without giving a single penny to both of us (his sisters). Now in the light of Shariah please let us know what is the actual law. For your information the details of our family are as under, so that we could ask my brother to take actions according to law of Shariah. Mr Khalid Mehmood has two sons naming Taaha 37years and Faraz 35 years (both are unmarried). Mrs Najma Munir has one son and two daughters. Naming Miss Nilofar-age-35 years, Mr Fahim-33years and Miss Sana 27years. (all three are unmarried). Mrs Huma (myself) no issues but Sana is living with us since her childhood.

بسم الله الرحمن الرحيم

(Fatwa: 101/101/B=02/1437)

All the property of your deceased father such as bungalow, jewellery, cash, belongings, land and gardens became inheritance after his death. Now his sons and daughters are its heirs. In short, whatsoever wealth and property he has left shall be divided into four shares as per the Shariah. Out of the total 2 shares shall go to the son while 1-1 share shall go to each daughter. Your brother should calculate all the property which your deceased father left such as cash, jewellery, belongings and property including the bungalow honestly and take half of them and from the other half must give 1-1 share to each sister. If the brother usurps the rights of his sisters and does not give their share then for him is only destruction and downfall in both the worlds. By giving the share of each heir one gets blessings and prosperity.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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