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My two brothers are A and B.  A had property that was given to him by my father and he gave away to B. Verbally and all the family knew it.  B never changed the papers on his name. But  benefited from that property. B passed away leaving a widow 2 sons 3 daughters. The property is still in A s name on paper. There is no will of B.  How should this be divided. A has 3 sons and a daughter and wife. They all want this property. And we both sisters of A and B are also surviving.  So please advise.

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: My two brothers are A and B.  A had property that was given to him by my father and he gave away to B. Verbally and all the family knew it.  B never changed the papers on his name. But  benefited from that property. B passed away leaving a widow 2 sons 3 daughters. The property is still in A s name on paper. There is no will of B.  How should this be divided. A has 3 sons and a daughter and wife. They all want this property. And we both sisters of A and B are also surviving.  So please advise.

Bismillaah

A: If Brother A had given the property entirely to Brother B then it belongs to him. When it belongs to him then after his death it will go to his heirs.

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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