Transactions & Dealings >> Inheritance & Will

Question # : 27529

India

how can a property be divided between 2 sons and one daughter

Answer : 27529

Published on: Nov 1, 2010

بسم الله الرحمن الرحيم


(Fatwa: 1561/1561/M=1431)

If a father divides his property among his children during his lifetime, he should give equal shares to each and every child may it is a son or a daughter. Equality should be maintained among each one. 
لقوله عليه السلام: اعدلوا بين أولادكم .
And if the issue is related to the property of a deceased father and his legal heirs are only two sons and one daughter, then the entire property left by father shall be divided into five shares, out of which one share shall go to the daughter, and 2-2 shares to each son.
لقوله تعالى: يُوصِيكُمُ اللّهُ فِي أَوْلاَدِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ . [النساء : 11]


Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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