Property distribution among children

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
My mother died on November 28, 2016. We are two brothers and two sisters. By the grace of Allah we have our father with us. The amount of money, jewelry and clothes and other similar belongings are still not counted. My mother has not made any will but had given few of the jewelries to my elder sister. Your words in the light of Shariah will help us to distribute accordingly.

بسم الله الرحمن الرحيم

(Fatwa: 286/275/SD=4/1439)

In the above mentioned case, if your deceased mother left only two sons, two daughters and her husband (your father) who are alive and none is alive among her parents then the property of the mother shall be divided into eight (8) shares, after paying due rights proceeding inheritance. Out of the total, her husband shall get 2 shares, 2-2 shares shall go to each son, while each daughter shall get 1-1 share. If your mother gave some jewelry to your elder sister into her complete possession then she shall remain its sole owner and no division shall be made in it. If the case is different, explain it and submit the question again.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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