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Regarding Share of house property

I have two houses one in Manglaur (Hardwar) and the second one in Roorkee (Haridwar). I want to do will as one house of Manglaur want to give to my wife and the second house of Roorkee I want to give as house of Roorkee of 2/3 part to my two sons & 1/3 part to my two daughters after my death. My question that above is correct or not in the light of Shariah, please.

بسم الله الرحمن الرحيم

(Fatwa: 677/644/M=6/1439)


Whether you want to make a will or make them its owner in your life? A will means that the ownership is conditioned with death for example, saying like this: “After my death the house in Manglaur shall be of my wife”, it should be noted that there is no will for heirs because in Shariah the share of each heir is fixed and Allah has given the right of each heir. But, if you want to distribute your property in your lifetime, then you may do so. If you want to give the house in Manglaur to your wife then you may give it and if you want to give share to your two sons and two daughters in the house of Roorkee then it is better to give equal shares to all sons and daughters and in case it cannot be given equal as per the area then it should be equaled in value and cost, and give each heir his or her share into their complete possession so that the hibah is complete and binding. 

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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