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Who gets what property from a father’s estate?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
My question about property distribution from father to his sons, so we are 4 brothers, in which my elder 3 brothers are working when we are joint & because I am youngest from them so I am student at that time in 2008 . In 2008 my father distributed his property in 3 shares which is given to my elder brothers when I was student & not working, and about my share he told they give me after his retirement from Govt. job in 2014, but after retirement they give me just 40% share of my brothers which they gave him. And told me I cannot give anymore to you but they have lots of property reaming even my condition is much weaker than my other brothers. So please let me know what does the Shariah say about this, so I can show him, even I always obey him.

بسم الله الرحمن الرحيم

(Fatwa: 823/718/H=7/1438)

If your father still has lots of property then he should give you equal share just like your three brothers and make you its owner, rather if he has daughters then he should give them as well. If a father divides his property during his lifetime then it is mustahab to give equal shares to all the sons and daughters. But if all are the sons, then all the sons should be given equal shares, it is makrooh to give someone less and someone more or making any discrimination in division. So is proved from Hadith and Fiqh books.

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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