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The question

Do the father or brothers have the right to claim the house that one brother promised to another after his death?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The bequest mentioned to you regarding the house is considered a bequest to a non-heir, as long as you are excluded from your brother's inheritance through the father. This bequest is valid and enforceable within the limits of one-third of his estate. If the house does not exceed one-third of the estate and the brother was excluded from the inheritance at the time of his brother's death, then the house becomes his. If the house exceeds one-third, then the brother is entitled only to the value of one-third, and the excess goes to the heirs unless they consent to his ownership of it.

However, if the brother becomes an heir at the time of death, he has no right to the house, because a bequest to an heir is legally prohibited unless the other heirs consent.

The bequest is not proven merely by claim, and the time considered for determining whether the brother is an heir or not is the time of the testator's death, not the time of the bequest.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
152483
Imported
Translation status
Source text, unreviewed
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