Is it obligatory for the two daughters to return the apartment that their father wrote to them before his death? And is the father sinful for his action? And is it obligatory for the children of the two daughters to distribute the inheritance to the father's family upon the death of the two daughters?
If the deceased has no heirs other than those mentioned, the inheritance is divided as follows: the two daughters receive two-thirds as their prescribed share (fard), and the remaining portion goes to the full brothers by virtue of 'asaba (agnatic kinship), with the male receiving the share of two females. The nephew (son of the brother) receives nothing, as he is excluded. As for the bequest of the apartment to the daughters, it is invalid because it is a bequest to an heir, unless the remaining heirs approve it, provided they are mature and of sound judgment. If it was a gift completed with its conditions, then it is the private property of the daughters and is not divided with the inheritance. Inheritance cases must be referred to the courts.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 108866
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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