Father has a flat in Mumbai and properties outside Mumbai. He has 3 children (2 sons and 1 daughter). Mother has also passed away. Eldest son was disobedient. Father willed his flat in Mumbai to be distributed between other son and daughter and remaining property to be divided amongst the 3 children. Is it OK for the flat to be given to the other son and daughter? Please let me know.
بسم الله الرحمن الرحيم
(Fatwa: 164/168/L=02/1437)
In the above mentioned case the will of your father shall not be valid and all the heirs shall get their shares in the flat of Mumbai and other property. It shall not be valid to divide the flat of Mumbai only between one son and daughter. It should be noted that this ruling shall be applicable only when your father has died; otherwise there is no need to ask question about inheritance of the property as your father is the sole owner of all his property throughout his lifetime.
Allah knows Best!
Darul Ifta,
Darul Uloom Deoband