Transactions & Dealings >> Inheritance & Will

Question # : 157397

india

A person has 1 wife, 1 son & 3 daughters and he owns 11 immovable properties that he wants to divide between them. Please note out of the 11 properties he has already given 4 properties to his daughters. From that 4 properties, 2 properties are with one daughter and 1 one each with the other 2 daughters. All the properties have different market value and should he take the market value of the properties when he had bought them or should he consider the current market value price. So how can he divide his property amongst his wife, son & daughters. Your help in this important matter will be highly appreciable.

Answer : 157397

Published on: Jan 3, 2018

بسم الله الرحمن الرحيم



(Fatwa: 479/452/H=4/1439)



 



It is not wajib for a father to distribute his property among his children during his lifetime. However, if he wants to do so then there is no problem and the best method is that he keeps with himself property equal to his and his wife’s need and distributes the remaining one among his children equally. If he wants to give his sons double of the girls and the girls single share i.e. makes five shares and gives 2 shares to the son and 1-1 share to the daughters, it is also correct. If you make some difference among the children owing to the need of some child whereas you do not intend to harm a heir then too there is no harm. Keep in mind the price at the time of distribution. However, before distributing the property you should seek advice of all your children and take them into confidence so that there is no dispute later.




Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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