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Fatwa CenterHer father wants to divide his house among his children
Question
MY FATHER WANTS TO DIVIDE HIS HOUSE INHERITANCE HE STILL ALIVE I GOT 2 BROTHERS 4 SISTERS PLUS I ELDER SISTER DECEASED PLEASE LET ME KNOW HOW IT SHOULD BE DIVIDED A MORTGAGE OF 10000
POUNDS WAS PAID INTO IT AND 21000 FOR NEW WINDOWS KITCHEN ETC
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
It is permissible for a father to gift his house to his sons and daughters when he is still alive and in good health, and this is called a gift and not a division of inheritance. However, he is obliged to be just between his children when gifting them as the Prophet said: ''Fear Allaah and be just between your children when gifting them.’’ [Al-Bukhari and Muslim]
Being just – according to our view in Islamweb – means that he should give the female the same share as the male; in which case the daughters and sons will have equal shares in the house irrespective of their number, meaning that the male should (only) get the same share as the female.
However, we did not understand your statement “a mortgage …was paid into it.” If you mean that the house is mortgaged, then it is not valid to gift the house to the children without the permission of the mortgager because when this house is gifted this means that the mortgager will not be able to get his right back from it [the mortgage].
The jurists 
stated that if the mortgagee gifts the mortgage or sells it and the like, then this conduct is void because such a conduct invalidates the right of the mortgager and hence it is not permissible without the permission of the mortgager. If the mortgager gives permission, then such a conduct is valid and subsequently the mortgage becomes void.
However, if you are inquiring about something other than what we discussed, then please clarify it to us. For more benefit, please refer to Fatwa 98680.
Allaah Knows best.
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