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Question # : 156723

India

My grandfather is bedridden, please dua for him. He has not given any of his properties to his children. Since he is not in a position to sign any document, we are unable to do any registration. My question is whether will is valid in Islam or not. Can we prepare a document and get his fingerprints with his knowledge, which can be used in the court of law to divide the property among his children?

Answer : 156723

Published on: Dec 12, 2017

بسم الله الرحمن الرحيم



(Fatwa: 268/218/SD=3/1439)



 



As long as your father is alive he is sole owner of his property. According to Shariah, his children have no right in his owned property. However, after his death his leftover property shall be divided among his children according to Shariah. It is not necessary for him to make a will. As soon as one dies his property transfers to his Shariah heirs whether the deceased has made a will or not. Hence in the question mentioned above, if your father does not make a will then too his property after his death shall be divided among his Shariah heirs according to the Shariah division. 




Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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