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