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Wersa mein taqseem kis terah hoga Shariat ki Rou se?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
. Walid sahab naiy lawhaiqeen mein Aik Bewaa, 2 Betey, 1 Betiey aur 1 Marhoom Betey ki Bewaa (aur unkaiy bachey) Chorey hein. Merhoom Betey ka inteqal 2000 mein howa thaa. Walid sahab naiy Maali asasey mein kujh makaan, kujh zameen aur kujh naqad raqum choriey haiy. Walid sahab naiy kujh jaidad apni zindagee mein hi taqseem kerdiey aur uskaiy qanooni kaghzaat bhi banwa diey. Iskaiy ilawa unhown naiy kujh taqseem zubani taur per bhi kiey magar qanooni kaghzat nahi banwaiey. Bariey meherbaani Shariat ki Rou se Wersa mein taqseem kis terah hogiey ferma dijiey.

Answer

(Fatwa: 784/456/L=1433)

In the case mentioned above, after paying due rights preceding inheritance, the property of your father shall be divided into 40 shares; out of which mother shall get 5 shares, each brother shall get 14-14 shares, and your sister shall get 7 shares. Your late brother and his wife and children will receive no share from your father’s property. The detail is as follows:
Wife: 1×05 = 05
Sons: 2×14 = 28
Daughter: 1×07 = 07
Total: 40 shares

Whatever property your father distributed in his lifetime and gave each one his/her share in possession then each one became the owner of his or her share. Those properties shall not be divided. It should be noted that it is not necessary to prepare legal documents in order to invalidate a gift rather if after verbal hibah the gifted thing is handed over to in possession then he/she will become its owner though legal documents have not been prepared. Hence if your father distributed something verbally and made the person its owner whom he gave, so now it shall not be divided among heirs, though legal documents have not been prepared for the same.

Note: If he did not give in the possession after verbal gift then submit the question again.

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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