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Is it permissible to take the heirs' share of the father's estate, which one of the sons seized and did not distribute, from the estate of this son after his death and before its distribution to his heirs?

1 min readAlso available in العربية

If a father dies and leaves behind a wife, two sons, and a daughter, the wife receives one-eighth, and the remainder goes to the children, with the male receiving the share of two females. If the brother takes the inheritance without dividing it, this is an injustice and consumption of wealth unlawfully. This is a debt upon him that must be returned to its rightful owners. If the brother dies, his heirs must settle his debt from his share before dividing his estate. If he has other heirs besides you, and they agree to pay, this is obligatory. If they do not agree, it is possible to seek mediation from good-hearted people or resort to the courts. If he has no heirs other than you, you can take your right from his share in the house.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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