distribution of property Fatwa Cover

Whether most of the resources can be given to a single child on the basis of maintenance 2619747255

Monthly Al Kawthar•distribution of property•

Question

Assalamu Alaikum Warahmatullah. I am Anwara Begum. I have five children in total. 2 boys, 3 girls. A mentally unbalanced patient. The other boy is different with the family. He does not provide for us. My husband (who was a cancer patient) did all the care for my little girl from illness to death and my little daughter will carry all the responsibilities of me and my mentally unbalanced son till death. On the condition of carrying this responsibility, I have deeded 31 percent of the land of my house in his name. In addition, I have more (144 per cent 18 ganda) land, so that after my death, five children will share on the basis of inheritance. What I need to know from the Mufti is:

  1. Is it lawful to document 31% of the house in the name of my youngest daughter on the condition that she bears all the responsibilities of me and my mentally unbalanced son till death?
  2. I would like to know more, I am giving my (144 percent 18 ganda) land income to my youngest daughter. Is it legal to give him the income alone? Or should I distribute it among all my children?
  3. I would like to know more, if the amount spent by the youngest daughter behind my mentally unbalanced son is much higher, can it be deducted from the wealth that my son will inherit? Or even if the cost is high, the little girl has to bear it?
  4. I would like to know more, who will be the owner of the land that the mentally unbalanced son will inherit after his death? Since he has no wife and children. Since the younger daughter has taken her responsibilities, will the younger daughter get the wealth, or will all the heirs get it?Please address all of the above issues and resolve our concerns.Special Note: The question only mentions the amount of my privately owned land.
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Answer

- حامداومصلياومسلما، بسم الله الرحمن الرحيم -

  1. In the case in question, the land you have given to the little girl on the condition that you bear the expenses till the death of you and your mentally unbalanced son is valid. Your daughter has become the owner of the land by taking possession of it herself. Now his responsibility is to fulfill his own conditions.
  2. You are the owner of the income of the 144 percent of the land that you own after taking care of your daughter. You have the sole right to decide where and how to spend that income. No one has a special right to have children if they are able. You can keep it to yourself if you want. Or you can distribute it to your children. In this case, since the little girl is taking care of you alone, there is no difficulty in giving the income of the land to her.
    1. The wealth that you and your sick son will leave behind will be distributed according to the inheritance policy. Your little girl will not be able to claim any extra because of the service you and your sick son. However, if you want, you can help him financially in your lifetime. 8587458523

- والله اعلم باالصواب -

* This Fatwa was translated by Google Translate.
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Source

  • আলমুহীতুল বুরহানী, Part: 9, Page: 199
  • ফাতাওয়া খানিয়া, Part: 3, Page: 279
  • খুলাসাতুল ফাতাওয়া, Part: 4, Page: 400

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