Claiming a share in a property

Answered according to Hanafi Fiqh by

Q: My father in law was alive when he distributed his property between his both sons. At that time, one daughter was married and she said that she does not want anything from her father’s property. One daughter was unmarried and my father in law was unhappy with her so he didn’t give her any right in his property.

The property of my father in law was divided between both his sons only. My father in law passed away some 14 years back and now the married daughter is asking for her share in the property which she refused when my father in law was alive.

My question is, does the married daughter have the right to ask for her share in the property now from her brothers?


A: No, as he gave it in his lifetime to his sons.

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


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from, 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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