Distribution of fathers property

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
We are three brothers and four sisters, my father has died recently while he was in a 40 day jammat. My father was working in a government job and after his death this job was given to the younger brother with my mother’s permission, keeping this in mind how should be the remaining property be distributed among us. Only one sister is unmarried till now.

بسم الله الرحمن الرحيم

(Fatwa: 307/179/SN=03/1437)

In the question mentioned above, in case the details mentioned are true whatsoever inheritance (ie land, house, jewelleries, PF and other assets) your father has left shall be divided into 80 shares, after paying other due rights proceeding inheritance. Out of the total your mother shall get 10 shares, each brother shall get 14-14 shares while each sister shall get 7-7 shares. The detail of Shariah division is as follows:

Details:

Wife: 1×10 = 10
Sons: 3×14 = 42
Daughters: 4×07 = 28

Total: 80 Shares

Note: If the job of your father was given to your younger brother after your father’s death, it shall not drop his shares in the property. However, if he takes less shares happily and withdraws the rest for other heirs then he may do so.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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