Title: Distribution of warasat/tarka according to Shariah

Question: My father is 80 years old and mother is 82. Both are retired officials getting pension. They have four daughters all married to officers and are also employed. Son is only one who recently retired from the govt. service and is getting pension. The present assets of father and mother is around 10 lakhs each separately. Have a residential house where we are living. The father and mother separately want to distribute their wealth i.e. Rs. 10 lakhs each. What would be the share . Also please inform what would be the distribution of tarka if one of them has passed away .

Answer ID: 152953Posted on: Aug 31, 2020

Bismillah hir-Rahman nir-Rahim !

(Fatwa: 1244/117/SN=11/1438)

Whatsoever parents give to their children during their lifetime is called Atiya and Hibah (gift), not inheritance. In case of Hibah among one’s children it is better to give all the children (whether son or daughter) equal shares, though it is also lawful to distribute according to the inheritance rules. Thus in the question mentioned above it is better and mustahab for your parents to keep some shares for their need and distribute the rest among the four daughters and one son equally. However they also have the right to give extra share to some child keeping in view his or her service or need.

لا بأس بتفضيل بعض الاولاد..... وكذا في العطايا إن لم يقصد به الاضرار، وإن قصده فسوى بينهم يعطي البنت كالابن عند الثاني، وعليه الفتوى. (در مختار) وقال الشامي: قوله وعليه الفتوي أي قول أبي يوسف وأن التنصيف بين الذكر والأنثى أفضل من التثليث الذى هو قول محمد (در مختار مع الشامى 8/53 ط: زكريا)