Does my sister have a share in the price of the apartment that I acquired after I paid its price with my own money, knowing that my father willed one of the two apartments to me?
A father's bequest to give one of the apartments to an heir is not binding unless approved by the rest of the adult, sane heirs.
The heirs' approval of the bequest during the testator's lifetime is not binding on them after his death. However, if the approval occurs after his death, the apartment becomes the property of the legatee.
Some jurists are of the opinion that the heir's ownership of the apartment comes from the testator if the heirs' permission removes an impediment, while others believe it is a gift from them and is subject to the conditions of a gift.
In case of a dispute between the heirs, the matter must be referred to the court for a ruling, to hear all parties.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 138799
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy