Sunday | 23 February 2020 | 29 Jamadiul-Thani 1441
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Fatwa Answer

Question ID: 814 Category: Business Dealings
Distribution of Inheritance
Assalamalaikum Warahmatullah hi barakatahu,
I have a question regarding Inheritance.Please answer my below 3 questions with as much clarity and Islamic jsutifications possible.
 
We are a family of 7 members
3 Sons
2 Daughters
Father and StepMother
Stepmother has 2 sons with my father and so by birth myself,my sister and my brother are children from my father's first wife who passed away in 1998.My father remarried in 2000 and have 2 sons from his second wife.
 
My father owns many properties,lands & assets presently
Let me list down Each Asset and even give you tentative present value.He wants to gift respective properties after his death and till then utilize rents and benefits just for himself and his present family of wife and 2 kids
 
1)Main house(which includes land of over 800-1000 sqft) where my father,his wife and 2 sons presently live is estimated over 3 Crores INR(Indian rupees) at present date.he plans to gift it to his wife n kids.
2)He owns lands worth 30 lakhs INR(which he plans to gift them also for education etc as kids are still 15 yrs and have to do their further education)
3)He owns an apartment worth 1 crore and a land worth 20 lakhs which he wants to gift it to my brother(own oldest brother)
4)He wants to gift my sister an apartment which is probably worth 40-50lakhs INR (Investing around 7-8 lakhs for marriage)
5)He wants to gift me an apartment which could be worth 30-40 lakhs(without investing much for my marriage-just 3 lakhs INR)
He probably has some undisclosed property which he wants to gift it to his wife and kids.We are under the impression that he being pressurized or influenced by his second wife and family for all these assets.
 
1)I would like you to please tell me if this is islamically correct(also as per sharia law of inheritance) and also if my Father is being Just and fair to everyone.Please give me hadiths and islamic proofs as well so that I can justify it to my father as per sharia law because we feel he is being unjust/unfair.
2)I have another question I wanted to know Islamic viewpoint at this.
Is it correct islamically to do a court case to fight for our property rights as per Islam?Saying that,this court case would be against a father who is being Unjust to his first wife kids .Does Sharia and Islam allow for such court case (litigations) to fight for property(Haq)?We dont want to do anything to disobey Allah SWT but we also want justice.
3)I want to obey what Allah SWT has ordered in such situations.I tried to do isteqara for 2 nights but didnt get any indication.just got good sleep...just asked Allah for guidance.Please suggest how this situation can be dealt where i dont get any indication as such.
please indicate some authentic hadiths/proofs,incidents in Islamic history where such situations have been dealt.
Please reply at your earliest as we are in middle of decision and have to make  decision asap based on sharia law
WallekumSalam WRB
JazakAllah Khair

الجواب وبالله التوفيق      

During the life of a person, the distribution of their estate among their children is fundamentally considered hiba i.e. a gift and the person giving hiba has full right and control in how they want to distribute it. It is upon their discretion to distribute and after the children have taken complete control and ownership of the gifts given to them, that division will remain valid after the death of that person.

However it is considered absolute transgression and oppression if one purposely deprives a rightful heir of their due share. Regarding this issue fuqahah have clarified the ruling by recommending such a division during this person’s life, that after their death if the heirs were to revisit the topic of this distribution, the original division remains valid and just. (Fatawah Haqqaniya, Pg.530, Vol.6)

 واللہ اعلم  بالصواب