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A father makes a will (wasiyat nama) for his own children during his life time for his immovable property. How far this is applicable after his death, in Mohammedan law /Islamic law reply in detail with various references, I shall be very thankful if the reply is sent at the earliest.

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
A father makes a will (wasiyat nama) for his own children during his life time for his immovable property. How far this is applicable after his death, in Mohammedan law /Islamic law reply in detail with various references, I shall be very thankful if the reply is sent at the earliest.

Answer

(Fatwa: 459/373/B=1433)

It is not right for a father to make a will for his sons and daughters. The will is lawful for those who are not Shariah heirs. Hence if the father made a will for his children in in his immovable property then this will shall not be applicable after his death. It shall be null as per the Shariah. After the death of father that immovable property shall be divided among his Shariah heirs as per the holy Quran and Hadith.

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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