Recently, a client called me and said, “My father is not giving me my share in the property. I want to file a case.”
I asked him a simple question: “How did your share in the property arise? Did you buy the property?”
He replied, “No, the property belongs to my father, but I still want my share.”
I smiled a little, but the matter was serious. I guided him properly and decided to explain this issue in detail so that it can benefit everyone.
Can You Demand Property from Your Parents During Their Lifetime?
The simple answer is No.
Legally and according to Islamic principles, you cannot demand a share in your parents’ property while they are alive. The property belongs entirely to them. They have full authority over it and can use, sell, or gift it as they wish.
A person’s property becomes inheritance only after their death. Only then do the heirs receive their legal shares.
So those who believe they can pressure their parents to give them their inheritance while they are alive are misunderstanding the law.
Importance of Knowledge of Inheritance
Inheritance law is considered extremely important in Islam. There is a well-known saying of the Prophet Muhammad ﷺ that whoever learns the knowledge of inheritance has gained half of knowledge.
The Qur’an also explains inheritance laws in detail, particularly in Surah An-Nisa, where the rules regarding inheritance distribution are clearly mentioned.
Order of Property Distribution After Death
When a person passes away, their property is not distributed immediately among heirs. The process follows a specific order:
- Funeral and burial expenses are paid first.
- Outstanding debts of the deceased are cleared.
- Will (Wasiyyah) is executed. A person can only make a will for up to one-third of their remaining property.
- The remaining property becomes inheritance and is distributed among the legal heirs.
Share of Parents
If the parents of the deceased are alive, each parent receives one-sixth (1/6) of the property after the above deductions.
Share of Children
After the parents’ share, the remaining property is distributed among the children.
- A son receives two shares.
- A daughter receives one share.
Many people question why sons receive two shares. The reason is that in Islamic law, financial responsibility for the family is placed on men. Men are responsible for household expenses and financial obligations, while a woman’s wealth remains her own. Therefore, sons are given a larger share.
If There Is Only One Daughter
In Sunni jurisprudence:
- If there is only one daughter, she receives half of the property.
- If there are two or more daughters, they collectively receive two-thirds of the property.
The remaining portion may go to parents or other relatives depending on who is alive.
Can Parents Disown a Child from Property?
Many people say, “I will disown my son from my property.”
However, the concept of disowning a child from inheritance does not exist in Islamic law or legal inheritance rules. Publishing a notice in a newspaper does not remove someone’s legal inheritance rights.
A parent may distribute or gift property during their lifetime, but after death, inheritance is distributed according to the prescribed rules.
Does a Grandson Inherit from His Grandfather?
Another common question is whether a grandson receives a share from his grandfather’s property.
In Islamic inheritance law, the property is distributed among the direct children of the deceased. It does not automatically pass to grandchildren.
However, if a grandfather wants to give something to his grandchildren, he can gift (Hibah) property during his lifetime.
Inheritance Includes More Than Land
Inheritance does not only apply to land or houses. It also includes:
- Money in bank accounts
- Cash
- Investments
- Other movable or immovable assets
All these assets become part of the inheritance and are distributed among the legal heirs.
Share of Husband and Wife
Spouses also receive a share in the inheritance.
If a husband dies:
- The wife receives 1/8 if there are children.
- The wife receives 1/4 if there are no children.
If a wife dies:
- The husband receives 1/4 if there are children.
- The husband receives 1/2 if there are no children.
Final Summary
The general sequence of inheritance distribution is:
- Funeral and burial expenses
- Payment of debts
- Execution of the will (up to one-third)
- Parents’ share (if alive)
- Spouse’s share
- Remaining property divided among children
Understanding inheritance laws is extremely important because many family disputes arise due to a lack of knowledge about these rules.
I hope this explanation helps clarify the basic concepts of inheritance for everyone.