IslamQA

Ten years back my father had distributed some of his properties to we four sisters, mother and three brothers equally. Now my father has died 9 years back. When I demand my share from remaining of my father’s properties, my brother said to me that my father had advised (wasiyat) to distribute the rest of his properties among three brothers only. Now, my question is: (1) Is this wasiyat right in Islam? If not, how to distribute his remaining properties among us in Islamic way. (2) Do we sisters have any share in profit generated from his properties during the 9 years? Please guide us.

Answered according to Hanafi Fiqh by Darulifta-Deoband.com

Ten years back my father had distributed some of his properties to we four sisters, mother and three brothers equally. Now my father has died 9 years back. When I demand my share from remaining of my father’s properties, my brother said to me that my father had advised (wasiyat) to distribute the rest of his properties among three brothers only. Now, my question is:
(1) Is this wasiyat right in Islam? If not, how to distribute his remaining properties among us in Islamic way.
(2) Do we sisters have any share in profit generated from his properties during the 9 years? Please guide us.

Answer

(Fatwa: 1665/L=612/TL=1433)

(1) The above mentioned will (wasiyat) of your father shall not be taken into consideration. You all four sisters shall be entitled to receive your shares from the rest property of your deceased father. And whatever your father has left behind at the time of his death shall be included in his property which shall be divided into 80 shares, after paying due rights proceeding inheritance. Out of the total your mother shall get 10 shares, each son shall 14-14 shares and 7-7 shares shall go to each daughter. The detail of division is as follows:

Details:
Mother: 1×10 = 10
Sons: 3×14 = 42
Daughters: 4×07 = 28
Total: 80 shares

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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