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Sons Demanding a Share in Property During the Father's Lifetime

Inheritance,Inheritance,Sons Demanding a Share in Property During the Father's Lifetime

Fatwa No :
82699
| Date :

Fatwa No : 82699
Sons Demanding a Share in Property During the Father's Lifetime
معاملات / ترکات / احکام وراثت

Sons Demanding a Share in Property During the Father's Lifetime

what does the Respected Muftis say on the following issue:
We are five brothers, and our father is a respected Islamic scholar. Out of us, three brothers (including myself) are also ‘Ulama and Huffaz of the Qur’an. Due to heavy losses in business, I have become indebted and am currently without any source of income. I have been going through severe financial and personal hardship for the past ten years.
My father is willing to give me a share from his property during his lifetime, but my brothers are neither allowing me to take possession of that portion of land, nor are they willing to help me in any way.
In such a case, due to extreme stress and hardship if I suffer harm or am unable to repay my debts, what is the Shari‘ah ruling regarding the responsibility of my father and brothers?

الجوابُ حامِدا ًو مُصلیِّا ً

During the lifetime of the father, neither the questioner nor any other heir has any right or share in his property. However, if the questioner's father wishes to give him something out of his own free will due to the questioner's hardship, then he has the right to do so
However, if the questioner suffers harm due to lack of support, there will be no worldly or hereafter accountability upon his father or brothers. However, if the father wishes to give him something, it is not permissible for the brothers to stop him.

And Allah knows best
محمدکامران اعجاز عُفی عنه
دار الافتاء جامعه بنوریه عالمیه
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