Is disposing of a flat by giving it to a brother at cost price – while there is a previous will from the mother for two-thirds of the profits to her – considered a Sharia transgression, and must the brother pay the remaining heirs at today’s price after the rise in property value, or at the previously agreed-upon price, and does the waiver of the sister and her husband of their share of the profits to him provide a solution for that?

Firstly: The remaining square footage of the apartment falls under the mother's inheritance and is to be divided among the heirs. If it was written in the name of one of the sons, it is considered an unjust gift if she gifted it to him, and it must be returned to the estate.

Secondly: If the mother's share was appraised after her death, and the siblings agreed to sell their share to their brother at that price, then it is a debt owed by him at that price. However, if this was not done, then they are partners in the apartment. If he wishes to take it, it should be appraised at today's price, and he gives each heir their share. If they do not agree to him taking it, then either it is sold to an outsider and the price is divided, or it is appraised and lots are drawn among the heirs who wish to have it.

Thirdly: It is incorrect to say that the husband did not take his third; the correct statement is that he took his third, and he still has the value of the square footage. There is no objection to waiving one's share for the brother.