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Alhamdulillah, both our parents are Alive. We are three brothers and two sisters. All are married and well off. The sons are residing out of India having international citizenship. The daughters are staying in Mumbai near to the parents’ house. At present the daughters are looking after the parents by visiting the parents’ house as and when required. All the brothers and sisters are educated and physically fit. Now our parents have two houses, the one in which they are living and the other house is under redevelopment construction, which will get possession after 4 years IA. My queries are; (1) Can our parents give equal share to all their children in their lifetime? (2) Can they give from only one or both? One of our brothers has no problem if our parents want to give us equal, but two elder brothers are having this problem. My parents are very confused, kindly let us know what is right and halal, as per Islam.

Answered according to Hanafi Fiqh by Darulifta-Deoband.com

Alhamdulillah, both our parents are Alive. We are three brothers and two sisters. All are married and well off. The sons are residing out of India having international citizenship. The daughters are staying in Mumbai near to the parents’ house. At present the daughters are looking after the parents by visiting the parents’ house as and when required. All the brothers and sisters are educated and physically fit. Now our parents have two houses, the one in which they are living and the other house is under redevelopment construction, which will get possession after 4 years IA.
My queries are;
(1) Can our parents give equal share to all their children in their lifetime?
(2) Can they give from only one or both?
One of our brothers has no problem if our parents want to give us equal, but two elder brothers are having this problem. My parents are very confused, kindly let us know what is right and halal, as per Islam.

Answer

(Fatwa: 1606/B=352/TB=1433)

As long as your father is alive he is the sole owner of all his properties, no son or daughter has any share or right in his properties. If your father wants to distribute his property among his children in his lifetime then the value of two houses shall be divided into 5 shares. Out of which 1-1 share shall be given to each sister and 1-1 share to each brother. Son and daughter are given equal share if father distributes his property in his lifetime as it is hiba (gift) not inheritance. The objection of the two brothers is not right, rather it is against Shariah.

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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