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The question

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?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

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 courts for investigation, as there may be wills, debts, or rights that take precedence over the rights of the heirs.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
122899
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.
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Read the full answer on Ftawy