IslamQA

Property distribution

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: We are so worried about the property distribution. Please give me answer. My grandfather died and he left a son (my father) and 4 daughters (my aunties). The whole property was willingly given to my father by aunties and they signed it at that time. Now my father passed away, our 4 aunties now giving stress and claiming the property division. Now our cousins (our aunties children) want their rights. Please give me some suggestion in Shariah can we decline it or we should give them some part/money to them.

Bismillaah

A: If they acknowledged that they had given it away to their brother then they cannot force it to be returned to them.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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