Back to search

How is the estate of the deceased, which consists of 7 sons and 1 daughter, to be divided, taking into account the existence of a will stating that two houses are registered in the names of two of the sons as partners in their purchase and development?

1 min readAlso available in العربية

If the heirs are limited to seven sons and one daughter, the inheritance is divided into 15 shares: one share for the daughter and two shares for each son, in accordance with the Almighty's saying: "Allah instructs you concerning your children: for the male, what is equal to the share of two females."

As for the two houses, merely writing them in the names of the two sons means nothing. If the two houses belonged to the father and the sons' contributions were donations, they are included in the estate. However, if the two sons were partners in the houses according to the proportion they paid for their land and construction, then their share is their property, and only the father's share enters his estate. If the father gifted the two houses to his sons during his lifetime and they took possession, then the heirs have no right to claim them, and they are not included in the estate. If possession did not take place, the gift is nullified and becomes the right of the heirs, based on Ibn Qudamah's statement: "And if the donor or the donee dies before possession, the gift is nullified."

Matters of inheritance should be referred to Sharia courts for investigation, as there may be wills, debts, or rights that take precedence over the rights of the heirs.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy