Is a right forfeited by prescription despite egregious injustice and the brother's lack of knowledge and good intention when his sisters sold their shares to him for half price, and contrary to the father's will which stipulates that these shares be in the name of the male members of the family?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The father's will not to sell the inheritance is not obligatory to execute, and the heirs are permitted to dispose of their shares. The claim of error in valuation and excessive deception (ghabn fahish) in the sale establishes an option for the deceived party, and he has the right to claim it even if a long period has passed, unless his consent after knowing about the deception is proven. The brother should respond to the claim, and reconciliation and mutual agreement are more preferable.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/123569
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 123569
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy