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How should the property be divided among the family members?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
I like to ask regarding division of property. My father passes away six years back.leaving wife, 2 sons, 2 daughters and mother ( my grand mother). we have two properties i.e 1) Property in the name of father which was transfered to sons name ( my name) due to some legal reason after father death. 2) Property in the name of wife ( My mother) How the property is divided in to childern and others. as my mother and grand mothers both alive ( Alhamdolillah) Secondly Does my Grand mother ( Fathers mother) has share in the property which is on my mother name.?? Does the my grand mother has some share in the property which was on my fathers name at the time of his death and subsequently transfered on my name?

Answer

(Fatwa: 946/615/H=1432)

(1) After due rights preceding inheritance and in case the said details are true, all the property and wealth of the deceased father will be divided into 144 shares, out of which his wife will receive 18 shares, his mother (your grandmother) 24 shares, the two sons 34-34 shares and the two daughters 17-17 shares.
(2) The property is an inheritance of the father which will be distributed as per the answer 1.
(3) How did he transferred to his wife (your mother), was it sold or gifted? Or there was any other method? Also, whether he kept it in his own possession or gave it in her possession? Please, explain all these points, then in-sha-Allah we shall reply this question. Then, we shall write how much share the grandmother will receive.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

Original Source Link

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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