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Will this come under hiba or virasat.?

Q:

Assalamualaekum
We are 3 brothers and 1 sister.
Our parents did our marriage .
our all 3 brothers marriage was done equally in terms of gold and money by my father.
But more was spend on our sister’s marriage.
Now one of my brother is claiming even he should be given according to sister’s expense in marriage.
But now my father is not alive.
Kindly let me know the solution for this.
Will this come under hiba or virasat.

A:

Wa Alaykumussalam

Thank you for your query.

What parents have already given in their life is counted as Hiba(gift) and not inheritance(Irth).

If the father has gifted the item, land or money in his lifetime to his wife or children that is Hiba(gift) and will be excluded from the inheritance after the father dies and all the remaining wealth and property has to be distributed according to the Islamic laws. And if there is no will, then all the wealth and property must be distributed according the inheritance laws.

To read about Inheritance laws you can visit: www.sistani.org/english/book/48/2368

May Allah(swt) grant you success

Wassalam,

Syed Haider