Q: My father in law, Mr. A has 6 daughters (all married). His late father had many properties which have not yet been distributed among his heirs due to some legal problems. Now Mr. A is not well. He has 4 questions:
1. Will Mr. A get his complete share as per shariah when the property is distributed?
2. If he passes away before the distribution, will his daughters get his complete share?
3. After his death, how will his property be shared among his heirs?
4. Can he make a will giving everything to his daughters now?
1. He should get his full share according to the shariah.
2 – 3. The proportions of the children and the heirs of your father in law will be determined after we know all his heirs. The shar`ee procedure of distribution is that if a man only has daughters then the maximum they can receive is only two thirds of his estate.
4. If he is not in his final illness he can dispose of his assets freely. However, he should try to be equal to all his children.
And Allah Ta’ala (الله تعالى) knows best.
Mufti Ebrahim Salejee (Isipingo Beach)