Transactions & Dealings >> Inheritance & Will

Question # : 13077


PROVIDE ME FATWA ON MY PROPERTY I have no children & my wife also passed away (dead). My Brother's son (Mr.SAA) staying with me & taking care my family & business. I have alive 2 Brothers & 2 Sisters 1 Brother's Son (Mr.SAA) PROPERTY DETAILS:- 1. One House 2. One Plot (Land) 3. Business One Rental Shop (Heart of City) at Abids in ORIENT COMPLEX with high goodwill value, since around 50 years. 4. Shop Earn Savings Investment in Real estate Business operating my brother's son. Note:- Above all properties are very high value. I need a fatwa above matter. Q1. How to distribute or divide above property? Q2. Are (BROTHER'S SON) will get any share in my property as he is staying with me & taking care to my family & business. Q3. If I give in my life time how to distribute & after my life?

Answer : 13077

Published on: Jun 14, 2009

بسم الله الرحمن الرحيم

(Fatwa: 1275/1004=H/1430)


(1-2) You enjoy all ownership rights of sale, gift, endowment etc in your wealth and property throughout your life, it is not necessary for you to distribute the same. But, if you find it expedient, you may distribute as well, there is no bar. You can give equal shares of what you like to the brothers and sisters. You may also give less or more with mutual advise and can give the remaining property to the brother?s son (Mr. AAS). Having given the shares, give the property in their full possession, rather fulfil the required procedure in government documents.

(3) As far as distribution in lifetime is concerned, it was mentioned in answer 1. But after death, if there are only these heirs and your parents are not alive, then all the property left by you will be divided into 6 shares and each brother will receive two shares and each sister will receive 1 share. The son of brother will not get any share, but if you make a will, he will deserve a will made by you in third part of your property and wealth.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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