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A person has 2 sons and 1 daughter. The elder son has 2 children and daughter is married. The younger son has no children. The second son has adopted a female child and raised her. How do these 3 children distribute father’s property? Dose the adopted child get any property? If the adopted child is not entitled for property, what is she eligible for? Dose the wife of childless son get any property?

Answered according to Hanafi Fiqh by Darulifta-Deoband.com

A person has 2 sons and 1 daughter. The elder son has 2 children and daughter is married. The younger son has no children. The second son has adopted a female child and raised her. How do these 3 children distribute father’s property? Dose the adopted child get any property? If the adopted child is not entitled for property, what is she eligible for? Dose the wife of childless son get any property?

Answer

(Fatwa: 262/212/H=1434)

The person has full power on his property during his lifetime. On his death if he left heirs then all the property shall be divided into 5 shares within them after due right proceeding inheritance. Out of which 2-2 shares shall go to each son and one share to the daughter. The grandsons, granddaughters shall get nothing. The adopted girl of the son shall also get nothing. Rather if the son who has adopted the girl dies then too the adopted girl shall get nothing in his property. However, if the said person or his son gifts something in their lifetime and gives it the possession of the girl then she shall become it owner. And there is no harm in this gift as per the Shariah. In short, she is not entitled to receive any thing in inheritance. However, it is allowable to give her something as gift. After she takes it into her possession she shall become its owner.

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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