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Property distribution by mother

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
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My father is expired and my mother is alive and she want to distribute the property. In some property, she is the sole owner and in some property both my father & mother name is there. My mom’s and dad’s parents are no more. None of the property they received from their ancestor (they made property by self earning). Now, my mother has 2 sons and 3 daughters. Explain me the possible way to distribute based on Shariah.

بسم الله الرحمن الرحيم

(Fatwa: 264/233/M=2/1439)

 

If the property which is in the name of your mother was bought with her own amount then she is its sole owner and she is independent whether she distributes it during her lifetime or not. If she wants to distribute then it is better to give each child equal share and if she does not distribute then there is no sin. In case, the property that is in your mother’s name was not bought with her own money but the name of your mother was put only for paper work or due to some reasons and your father did not give it in the complete possession of your mother and did not make her its owner then in such a case all the property shall be deemed the property of your father and all the brothers and sisters including your mother shall get their share in it. In the latter case, the property of your father shall be divided into 8 shares, out of the total your mother shall get one eighth share i.e. 1 share, each brother shall get 2-2 shares, while 1-1 share shall go to each sister. The detail of Shariah division is as follows:

 

Wife:                1 x 1 = 1

Sons:                2 x 2 = 4

Daughters:        3 x 1 = 3

 

Total                 8        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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