Current scenario: Only one flat in mother’s name and need to divide among 3 brothers and 2 sisters. Mother is still alive and living in the same flat with first son. All 3 brothers need shares due to their financial issues. How the shares can be calculated or divided for all 5 of them?
بسم الله الرحمن الرحيم
(Fatwa: 1423/1271/H=12/1439)
According to Shariah, as long as your mother is alive she is sole owner of the flats owned by her and if she distributes it among her children and gives the share of each one into his and her complete possession then she can do so. She can divide the flat into eight shares and give each son 2-2 shares and each daughter 1-1 share. Rather, instead of eight shares, it can be divided into five shares as well and in this case each son and daughter will get equal share, this is the best option. Your mother is advised to do whatever she wishes with mutual consent of all children and by taking everyone in complete trust.
Allah knows Best!
Darul Ifta,
Darul Uloom Deoband