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Is it permissible to distribute the estate of a woman who bequeathed a share in a property to her husband and mother, knowing that the mother is not the questioner's biological mother, and that the bequest was to an heir, and how should the distribution be made among the husband, the mother, and the only daughter whom the deceased disowned?

1 min readAlso available in العربية

The deceased's written declaration of their property during their lifetime constitutes a valid gift if the donee took actual possession of it during the donor's lifetime. However, if it was merely a written declaration without possession, the gift is invalidated, and the property becomes part of the estate. If the gift occurred during the death sickness, it is considered a bequest and is executable for a non-heir within the limits of one-third. As for a bequest to an heir, it is not executable unless approved by the other heirs.

In your case: If you took possession of the property during the donor's lifetime, it belongs to you, and no one has a claim to it as a bequest. However, if it was merely a written declaration, the gift is invalidated, and it becomes an inheritance to be divided among the heirs. If the gift was made during the death sickness, it is executable for you only within the limits of one-third, because you are not an heir. The remainder is divided among the legal heirs: the husband, the daughter, and the mother according to the laws of inheritance (the husband receives one-fourth, the daughter one-half, the mother one-sixth, and the remainder is returned to the daughter and the mother). It is advisable to consult the Sharia courts for matters of inheritance to ensure justice and to verify the existence of other heirs or debts.

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

Read the full answer on Ftawy