Are girls entitled to claim the house that their father verbally bequeathed to them in the presence of witnesses, or does a verbal will not apply in the division of inheritance?
The sons are not entitled to exclusively possess the land bequeathed to them, nor are the daughters entitled to claim the house bequeathed to them. This is because a bequest to an heir is not enforceable unless approved by the rest of the adult, sane heirs, as the Prophet (peace and blessings be upon him) said: "Indeed, Allah has given every rightful person his right, so there is no bequest for an heir unless the other heirs wish it."
If the sons do not approve the enforcement of the bequest of the house to the daughters, then the daughters have no right to it.
The inheritance is to be divided among the sons and daughters by ta'sib (residuary heirship), with the male receiving the share of two females. The sons' sons, daughters' daughters, or brothers from the mother's side do not inherit due to the presence of a male lineal descendant heir.
We emphasize the necessity of referring to the courts in matters of inheritance to ensure everyone's rights and to verify the absence of bequests, debts, or other rights taking precedence over the heirs' right.
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