Can a brother who opposes the sale of a house registered in the father's name prevent the remaining heirs from selling it, especially after the death of both parents and the desire of some heirs to take the matter to court to sell the house legally?
The brother does not have the right to prevent his siblings from disposing of the house or taking possession of it unless he proves his ownership. The fundamental principle is that "the burden of proof is on the claimant, and the oath is on the one who denies." Since the house is registered in the father's name, either the son must prove his claim for the house to become his, or else the house must be divided among the heirs according to their prescribed shares. The deceased mother also has a share in it, which is to be divided among her heirs.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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