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Can Verbal Will Of Deceased Father Supercede Quran's Law Of Inheritance
is it mandatory to follow the Law of inheritance as per Sura Nisa. in case if all the children are agree on distribution as per father verbal advise when he was alive and after the death of father all the children have no objection regarding which property should go to which child. is it permissible
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5 Replies
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Can Verbal Will Of Deceased Father Supercede Quran's Law Of Inheritance
updated 3 years ago
3 Members
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5
Replies
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A person is free to give anything that they desire to someone else during their lifetime, but one should not commit any injustice in such distribution. Inheritance, however, must be distributed according to God’s law which is subject to the person’s will which will be acted upon first; however, no will can be made in favor of heirs in their capapcity as heirs but can be made in other capacities e.g. where some additional benefit was entailed from a specific heir or to satisfy genuine need or needs of a specific heir or heirs etc.
Please see for further details:
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Please also refer to the video below from 24:29 to 30:40
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Please also refer to the video below from 28:07 to 32:34
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My Question is misunderstood and not replied what actually I asked. We understand that in Quran Allah has specified inheritance of Son, daughter Husband/Wife and others.
My Question is if all the personnel (inheritors) (3 Brothers and 1 sister in this case) agree with mutual consensus without any pressure to distribute property among themselves is it allowed or they must have to calculate whole worth of property in different location and then distribute in the ration of 2:1 as it is quite difficult for them.
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Yes this can be done as it now a matter of one party giving away their right in favour of the other party out of their own freewill.
Irfan Sahab ( @Irfan76 ) can also shed some light on this matter.
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It is not compulsory for the heirs to receive their due portion, if they do not want to, or want less and or agree to alter the proportions. it is now their property and they can do whatever they like to in a fair manners. There is nothing wrong ethically.
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