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How to divide late father-in-law’s property among son, daughter (late wife) and isal-e-sawab?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
I have question on inheritance as follows. My wife’s brother approached me and my three sons, concerning inheritance. My wife’s father passed away ten (10) years ago while my wife’s mother passed away twenty one (21) years ago. My wife passed away on 8th September 2015. I have three sons, married and living with their families. My wife has only one brother who is alive with family. My wife’s father (my father-in-law) left property, this needs resolving. Please can you assist in how to best resolve the issue. My wife’s father stated to me and my late wife the following after his death, to sale the property and make three equal parts/shares. One share will be for his son (who is alive and with family) one share for his daughter (who has now passed away) one share for isal-e-sawab of my wife’s father and mother. How would you distribute the above mentioned assets ie property?

بسم الله الرحمن الرحيم

(Fatwa: 212/160/D=03/1437)

If the parents of your wife have passed away, then the will of her father shall be accomplished from 1/3 (one third) of whatsoever property and land etc he left behind i.e. one third of his property and wealth shall be spent in any good deed for the isal-e-sawab of your wife’s parents such as for the construction of mosque, madrasa etc, while the remaining two third shall be divided into three shares; out of which 2 shares shall go to the son and one share will go to the daughter. However for easy division you may also divide all the property into nine shares. Out of the total three shares shall be reserved for good deeds. While the son shall get 4 shares and the daughter 2 shares.

Since the will of one third for the son and one third for the daughter made by the father is in favour of heirs hence it shall only be enforced when the second heir (son) allows it happily. If he permits it happily then there is no need to divide it into nine shares as per the aforesaid method; rather then it shall be divided into three shares and distributed as per the will.

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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