Transactions & Dealings >> Inheritance & Will

Question # : 67776

India

If a person having three daughters and no son can make a will in his life stating all his property will be distributed among his three daughters equally. Is it allowed in Shariah? Or the property will be divided after his death to his brothers son and so on?

Answer : 67776

Published on: Sep 8, 2016

بسم الله الرحمن الرحيم



(Fatwa: 990/940/SN=11/1437)



His daughters are his heir and the Shariah has fixed inheritance for heirs. If will is made for heirs then it shall only be executed if other heirs allow it after the death of the legator.



لا وصية لوارث إلا أن يجيزها الورثة (هدايه رابع)



In the question mentioned above after the death of the said person his nephews shall also be his heir along with his daughters. If the wife of the deceased person is not alive and he has only left three daughters or two were alive at the time of his death then the daughters shall get two third while his nephews shall get one third provided the father, brother, sister of the deceased person are not alive. If this person makes a will of all his property for his daughters then the daughters shall get more than their rights when the other heirs of the deceased person allow the same and are willing for it and they are adult and sane. 



His daughters are his heir and the Shariah has fixed inheritance for heirs. If will is made for heirs then it shall only be executed if other heirs allow it after the death of the legator.



لا وصية لوارث إلا أن يجيزها الورثة (هدايه رابع)



In the question mentioned above after the death of the said person his nephews shall also be his heir along with his daughters. If the wife of the deceased person is not alive and he has only left three daughters or two were alive at the time of his death then the daughters shall get two third while his nephews shall get one third provided the father, brother, sister of the deceased person are not alive. If this person makes a will of all his property for his daughters then the daughters shall get more than their rights when the other heirs of the deceased person allow the same and are willing for it and they are adult and sane. 




Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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