A woman dies leaving a home, in her life time she once said to her children that she wish to give her half home to one son but she never did executed the process. Now after her death, should half property be given to her son or should it be divided equally among the remaining children i.e. two daughters and two sons.
Answer
(Fatwa: 341/341/=1433)
If that woman did not make her son the owner of half house by giving it into his possession then after her death that complete house became the inheritance of that woman (his mother). If none among the husband and parents of the woman is alive and only two sons and two daughters are heirs then the property shall be divided into 6 shares; out of which 1-1 share shall go to each daughter and 2-2 shares to each son.
Detail:
Son: 2×02 = 04
Daughter: 2×01 = 02
Total 06 shares
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband