Our father expired 2 years ago without a will and during his lifetime he had made it clear that a certain amount from his wealth be given to daughters after his death. Our mother also expired 1 year ago. We are 2 brothers and 3 sisters (all married). Father had also got extra floor constructed in the house with the intention of dividing floors to each son and had confirmed the same a number of times in front of family members and relatives but the registry in the name of sons was not done as he was sick in last few months of his life. But the sons had shifted and started living in their floors with their wives/children during father's lifetime. Now the following complication has occurred: The sisters are not agreeing to the amount that was mentioned by father (which brothers are willing to pay) and want their portion of money increased after including the cost of house. Please advise.

بسم الله الرحمن الرحيم

(Fatwa: 310/312/H=3/1439)

 

Your father made it clear that a certain amount from his wealth be given to daughters after his death it shall not be taken into consideration as well as the daughters will not get any share due to it. However, according to Shariah, all the daughters (trio) shall get their due shares in all the property left by their father. The father gave separate floors to two sons, but it does not mean that he made them owner, rather a father does such divisions among his sons as arrangement. Thus in the question mentioned above the demand of the daughters is valid and their demand as per today’s value is also correct. The daughters shall get their shares along with house and property in all the other things which the father has left. If your grandfather and grandmother are not alive and only there are two sons and three daughters then all the property of your father shall be divided into seven shares. Out of the total, each son shall get 2-2 shares while each daughter shall get 1-1 share.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband