Message No : 12Sr.No : 623/725
Question By : Sumaiya Shaikh

My father distributed his property(father is a builder and has land and buildings and is acively involved in the business since 1971)?during his life time in 2003, our eldest brother joined my father in the business from 1984 onwards. before distributing the property my father gave 2 property (lands- value not calculated) to our eldest brother and then distribued his property among his 6 sons and 4 daughters such that daughters were given 1 share and 2 shares to each son, the share of mother was not separated but was kept in the share of each children.
Our father is still alive.
Is this the correct way of distributing property during once life time

Today my mother wants to take her share in her own custody what should be the? share of mother?

Is it right for the father to give a separate share to elder brother, for running the business along with father and is there any limit for this share?

 

Reply By : Jaseemuddin Qasmi
Designation : Coordinator Online DarulIfta Markazul Maarif 

Wa alaikumussalam Wa rahmatullah.
The rules of meerath (inheritance) apply to one¡¯s estate after his demise. As long as he is alive, he is an absolute owner of his wealth. So, he has full authority to give his property to whomsoever he wants and whatever he wants, if he did not intend to harm or deprive any inheritor of him of the legacy.
However, if any one wants to distribute his wealth among his offsprings in his life then it is mustahab (recommendable) to give every one among his sons and daughters equal share. [Fathulbari 5/59]. But if father finds any one of his sons and daughters needier or more religious than others then there is no prohibition or sin to give him more.
As far as your mother¡¯s share goes, so she would deserve the inheritance after your father¡¯s death not before that.
However, wife deserves 8the part of her husband¡¯s property left in his possession after his death if he has offsprings alive. And in the absence of his children she deserves 4the part.
And Allah knows the best.
Jaseemuddin Qasmi
25 Rabi Al-Akhar, 1433 AH /18, 3,2012 CE
Coordinator Online DarulIfta Markazul Maarif

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