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How to divide father’s items and house among siblings?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
We have 3 brothers & 4 sisters (including me) we are already married excluding my younger brother & my parents (father & mother both) died last year. Father’s left property is: A. 2 houses (in one house we are living & second house is MT) B. 2 vehicles (one car & one jeep) C. Cash D. Mother’s jewelry who was left for my younger brother’s marriage by my father E. & some domestic items just like utensils, almirah, trunk etc so my elder brother wants to distribute in us so I know just some points Kindly clear them 1. What items are divide? 2. Is living house divide among sisters? 3. What is the ratio required in division?

بسم الله الرحمن الرحيم

(Fatwa: 548/523/M=5/1438)

Whatsoever property your father left i.e. two houses, two vehicles, cash money and households, vessels, almirah, trunk etc all shall be divided among all your brothers and sisters. It shall be divided into 9 shares. Out of the total 2-2 shares shall go to each brother while 1-1 share shall go to each sister. As for the jewelry which the father left for the marriage of your younger brother, if it was the property of your deceased mother then it shall be considered the leftover property of your mother and shall be divided like the property of your father among all the heirs. However, if it was the property of your father then the ruling shall be same i.e. it shall be treated as inheritance and shall be divided among all the heirs as per their share.

The Shariah division of the property is as follows:

Details:

Sons:                3×2 = 6

Daughters:        3×1 = 3

Total:                           9 Shares

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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