My Grandfather had some land and on his death my father got his share. My father died leaving behind his wife (my mother), 3 sons and 2 daughters. A hand written letter with nobodys consent or no witnesses, signed by my deceased father reads “share equally among sibilings” pops up surprizingly, what is its scope and validity? How the above property be distributed as per shariat? and distribution of poperty earned by my father among the children in the background of the stated letter?
Answer:
(Fatwa: 1035/628/L=1432)
In the question mentioned above, all the property of your father shall be divided into 64 shares. Your mother shall get 8 shares, each brother 14-14 shares, while each sister 7-7 shares. It is not necessary on you to distribute it as per the will of your father. The detail of the division is as follows:
Detail:
Wife: 1×8 = 08
Sons: 3×14 = 42
Daughters: 2×7 = 14
Total 64 shares
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband