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What is the parental property distribution after the death of a father?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
My father has got expired and left 2 plots which is estimated cost around up to 40 lacs were about to sale. I am the only son and having three sisters and mother. Having debt (Qarz) up to 712000 which is about to repay. We are having property tax pending up to 75000 on that particular property and costing is around 60000 is coming while transferring to mother’s name for which 1 plot we are selling up to 19 lacs and remaining want to keep myself for further use. Could you please let me know the property distribution of all 40 lacs property with considering father debt loan ,registration and property tax expenses.

بسم الله الرحمن الرحيم

(Fatwa: 514/528/L=5/1438)

In the question mentioned above, the plot and other things which your father left shall be inherited by all his legal heirs. It is not lawful for you to keep all the amount with you. The property of your father shall be divided in such a way that first of all his debt will be paid from his property after that all the rest property shall be divided into forty shares. Out of the total, your mother shall get 5 shares, 14 shares shall go to you while each sister shall get 7-7 shares. The Shariah division of the property is as follows:


Wife:                1×05 = 05

Son:                  1×14 = 14

Daughters:        3×07 = 21

Total:                           40 Shares

It should be noted that if you have taken loan then you are responsible for it. It shall not be paid from the inheritance. Likewise, if any other expense is to be paid which benefits all the heirs then this may be fulfilled by the common money with the mutual agreement of all the heirs. The expenses of an individual shall necessarily be paid with his personal money.

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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