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Division of property

Q:

Dear Brother, JakakAllah

May Allah give you strength to help in guiding us on the right path. Basically I want to know answer of this, I will constructs a house G + 2 floors on land my husband give me as maher property is on my name and construction of house is also by my income no other person is contribute in it. I am having a son and a daughter she is epilepsy case, my husband is also alive. Son is married and having 3 daughters . My question is whether my son share is in this property if he is eligible what it is on based on Shia Shariah.

Wasalaam

A:

Salamun Alaykum

Thank you for your query.

The property given to you as a dowry belongs to you and if you pay and build a house, then all belongs to you. You can either gift to your son or daughter in your lifetime otherwise after your demise the property will be distributed according to the Islamic laws.

If you gift anything or any portion in your life, that share will not be counted in inheritance but if you do not gift anything, all your property will be counted as inheritance and divided according to the inheritance laws after your demise.

Read the rules regarding Inheritance of the first group According to Ayatullah al-Udhma Sayyid Ali Sistany:

www.sistani.org/english/book/48/2369

May Allah(swt) grant you success and give your daughter Shifa behaqqe Ahlul Bayt(as).

Wassalam,

Syed Haider