How is an inheritance divided when there are six sons, nine daughters, and a wife, with one missing son, and a will regarding lands registered in the names of some heirs before death due to fear of agrarian reform?
If the land is owned by the testator, then the bequeathed forty percent is considered a bequest to a non-heir. The same applies to the land he registered in the name of his second brother, if he intended it as a bequest and did not hand it over to him during his lifetime. If the bequeathed land does not exceed one-third of the estate, then it is a valid bequest; otherwise, only the amount of one-third shall be enforced unless the heirs permit more. However, if the land is state-owned (Amiri land), the bequest is void. The land he registered in the name of one of his sons is considered a bequest to an heir and is not enforced unless the rest of the heirs consent.
Regarding the division of the estate, the missing son is considered alive until the court rules him dead. The estate is divided on this basis, and his share is withheld until his death is confirmed or the judge rules him dead. Then, his share is paid to whoever was alive when his death was confirmed or when the judge ruled him dead. The wife receives one-eighth, and the remainder goes to the sons and daughters by ta'sib, with the male receiving the share of two females.
Finally, it is advisable to refer inheritance matters to the Sharia courts to secure the interests of both the living and the deceased.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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