How is the estate of a father with five sons and three daughters divided, if the father started his business in partnership with three of his elder sons, then bought assets with their partnership which were registered in his name, and with the increase in the sons' wealth, the father no longer claimed what was registered in their names, while the fifth son and the daughters did not participate in the business?
The father's assets that existed before his sons joined him in business are exclusively his property. Similarly, the assets that the sons independently managed and grew are exclusively theirs. As for the assets that the sons helped develop with the father, the sons who worked on them are entitled to a share as mudaribin (profit-sharing partners). Their share of the profits is divided according to custom. The remaining profits are then added to the principal capital and are considered the exclusive property of the father, to be distributed as inheritance after his death, or he may gift them to his sons during his lifetime with fairness among them. Reconciliation and forgiveness are necessary in these complex issues.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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