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How should we divide the common property of a late person according to Sharia guidelines?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
I need your help to know and understand what the Sharia guidelines for distributing assets of a late person. In summary this is the situation: My brother(Hussain sb.) died in 2009 and the duration of his married life was only 11 months. Now we are planing to distribute his property to my brother’s wife, his daughter(one) , mother and father. we are total 6 brothers and 6 sisters. As of now all the property belongs to my father( in documents also) and none of the property , bank accounts, savings etc… exclusively owned by Marhoom Hussain sb. But all the my brothers including Marhoom equally contributed to the business and we believed Marhoom or his family deserved equal share. Now I need to know As per sharia guideline, how should we distribute common properties to all 6 brothers, sisters


(Fatwa: 1020/856/B=1432)

If all the property was in the name of father and the papers too were in his name and all the brothers only worked there, then in this case after the death of your brother Hussain in the lifetime of your father, Hussain shall get no share in the property of your father. And whatever property Hussain would posses will be divided into 24 shares, out of which 12 shares shall go to Hussain’s daughter, 3 shares to his wife, 4 shares to Hussain’s mother while 5 shares to his father. It should be noted that during the lifetime of your father no inheritance shall continue in his property etc rather your father shall be the owner of all the property. The property shall be divided among the heirs that shall be alive at the time of his death. And any heir who dies during his lifetime will not be eligible to receive the inheritance. Since Hussain died in the lifetime of father, hence he will not inherit the property of father. But, it shall be better for Hussain’s father to give something to the wife of Hussain and his daughter 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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