Is it permissible for the eldest brother, who has managed his deceased father's estate since 1985, to dispose of the estate by preventing his sisters from receiving their in-kind share of the land and replacing it with money calculated at the price of agricultural land instead of building land? Is it permissible for him to allocate a portion of the estate to pay off a debt he incurred, or to consider that part of his management fee? Is it permissible for him to allocate an additional portion of the estate to himself for his management and to assign a private car to himself? Is he entitled to allocate an extra share to his two brothers for assisting him in the management, despite their receiving salaries, or pursuing their studies, or being employed? Is the estate to be divided at its current value or at its value at the time of death? And how are the estate's profits calculated for the period after the marriage and education of the siblings, without the distribution of profits?
The inheritance is to be divided according to its current value along with its profits up to the day of division. It is not permissible for the brother to prevent his sisters from their share or to replace it except with their consent and willing permission if they are mature and adult; otherwise, the guardian is the reference. It is permissible for the brother to take a reasonable compensation for his work in managing the inheritance. If there is a debt on the inheritance, it should be paid from it before division; otherwise, not. It is not permissible to allocate a car or anything else from the inheritance unless with the consent of the heirs. It is advised to show tolerance and divide the inheritance by mutual agreement, and if they do not agree, then it should be referred to the court.
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- 82351
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