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Shariah % for children if father alive?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
My question is on law of inheritance. We are 3 brothers and 1 sister my father is alive alhamdullilah with grace of allah My mother has expired in 1999. My question actually is my father is having a property in hyderabad and we want to sell the property and my father is having debts upto 85 lakhs no we have fixed the value of property at 1.4 cr. kindly suggest us how to divide the sale proceeds among 3 brothers and 1 sister . My father is still alive and as per shariah what will be the percentage given to sons and daughters . one more question is as my sister is married does my brother in law have any right to ask about the share or can he demand the share . does he have any right to talk about the share at all . one more thing i would like to add is that in the debt mentioned above 18 lakhs is due to our brother in law . kindly guide us on this issue.

(Fatwa: 411/L=131/tl=1431)


(1) Until the father is alive his wealth and property etc may not be inherited. By the grace of Allah, your father is still alive, so there is no heredity in his property and wealth. However, if your father wants to distribute his wealth and property after paying all due rights and debts among his children in his lifetime, there is the ruling that he should keep wealth according to his requirement and distribute the remaining among his children equally with no difference between the shares of son and daughter. And if due to any need, good deed or service, he wants to give extra to some heir it is also right, provided he is not doing so to harm any other heir.

(2) A son-in-law has no right in the property of father in laws during his lifetime and after death.

Note: It is only lawful for a father to distribute his property in his life by selling it, it is not wajib and obligatory on him, and neither children have any right to ask for property distribution in his lifetime.

Allah (Subhana Wa Ta’ala) 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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