Is it permissible to demand the rectification of the inheritance distribution so that it is more just, after some heirs have been harmed by the initial valuation of the inhabited houses?
It appears that you, the heirs of the deceased, divided the inheritance by mutual agreement (muraada), which means the heirs agreed upon a method of division. For this to be valid, it requires the presence of all parties involved in the division or their representatives. Otherwise, the absent parties have the right to invalidate the division. As for the permissibility of those who were harmed demanding a correction of the division because it would be more just, the division becomes a binding contract once completed. However, if there was a gross deception (ghabn fahish) that is proven by evidence or admission, some jurists hold that the aggrieved party has the right to request the annulment and redivision, because the division must be just. Therefore, it is the right of anyone who was deceived in the consensual division to refer the matter to the judge, present evidence of the deception, and demand a redivision or Sharia arbitration. We advise addressing the matter with gentleness and reminding each other of Allah.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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