Property distribution among sons and daughters

Answered according to Hanafi Fiqh by
We are four brothers and four sisters. Our parents died around 20 years ago. Out of total 8 brothers and sisters, three brothers and three sisters are married. Only one brother and one sister are still unmarried. The youngest among us is around 35 years old and eldest one is around 55 years old.
(1) We have one house bought by our father and still our elder brother lives there. That is the only property we have from our father. Now we want to distribute this property between our 8 brothers and sisters. Please explain me how many shares of this property each of us should get according to Shariah?
(2) Recently we got some money approximately 2 lakhs INR from our grandfather’s property as a share of our father. How can we distribute this money between all of our brothers and sisters. Our father and mother both died around 20 years back. Please give me fatwa according to Islam and Shariah for both of my questions related to distribution of father’s property between children.

بسم الله الرحمن الرحيم

(Fatwa: 1005/995/SN=11/1437)

(1) The house which your father left shall be divided into 12 shares, after paying due rights preceding inheritance. Out of the total, 2-2 shares shall go to each brother while each sister shall get 1-1 share.

(2) It should also be divided among the heirs as per the rules mentioned above i.e. it should be divided into 12 shares, out of which 2-2 shares shall be given to each brother while 1-1 share to each sister.

The above-mentioned division of your father’s property is correct provided your mother died in the lifetime of your father or at the time of your mother’s death her mother, father were not alive and only these four sons and four daughters were the heir. 

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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