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Father’s wish to divide his properties equally

Answered according to Hanafi Fiqh by ShariahBoard.org

 Assalamualaikum, 

  1. My mother passed away in September 2010
  2. .My father passed away in October  2018
  3. Leaving three daughters and a son as heirs
  4. Properties were  earned by my father  but He bought  all in my mother’s name
  5.  When my father was alive he wished that his properties should be equally divided among his children, i.e., one son and three daughters     
  6. My question is, as he is no more, is his wish still to be honored? (i.e., to divide his properties equally among his children, i.e., one son and three daughters) as the three daughters claim and if not how should the inheritance of the deceased be distributed?

الجواب وباللہ التوفیق

Just by buying the property in the name of mother does not make it her property unless after giving to her she is given the right to use it. Hence, being considered the property of the father, it will be distributed according to the Sharia’t. The distribution will be as under:

Make 5 portions of the total inheritance. Two will be given to the son, and one each to each daughter. The demand from the daughters to distribute equally is wrong. The son will get double compared to the daughters. Because the command of equality was in the life of the father and its right only belonged to him. But as the father did not distribute and entrust the shares to you in his life, hence, after his death its distribution will be according to the Sharia’t, the detail of which is given above.

واللہ اعلم بالصواب

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