Someone died leaving 3 daughters and 1 son..the deceased had 4 appartments...he gave one to each son/daughter, can this be done? or daughters will only get half of what the sons get?

At the outset, it must be pointed out that the heirs of an Estate may only be determined upon one's demise.

According to the Islamic Law of Succession and Inheritance, distribution of an Estate will only commence after funeral expenses, debts and bequests (if any) made to non-heirs - which will not exceed one-third (1/3) of the Estate after debts and funeral expenses - have been settled. Thereafter, all assets form part of the Net Estate and will have to be distributed according to the Islamic Law of Succession and Inheritance.

1. The nett Estate will be divided into 48 equal shares and distributed as follows: Father receives 8 shares, Mother receives 8 shares, Wife receives 6 shares, Each son receives 13 shares. The brother and sisters will not inherit.
2. It is Mustahabb (preferable) to leave a will. (Mirqaat vol.6 pg.180). However, it is necessary to leave a will if one owes someone some right. 3. In principle, the heirs are the sole owners of their respective shares. Therefore, they may do whatever they wish. They may give it to another heir or even give the money to charity.
4. It is our humble opinion to reduce such an agreement to writing to avoid sour relationships later. In principle, once a person forfeits his/her right, he/she cannot reclaim it.
5. Once a person passes away, all his possessions belong to all the heirs. Therefore, none of the heirs may give away any belonging of the deceased except with prior mutual consent of all major heirs. If any heir did not take consent of any heir he/she shall be responsible for the item.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai