How is the estate of the deceased distributed, specifically an apartment that the parents bequeathed to their son and which was registered in his name before their death, if the other siblings demand their share of it, and refuse to sell it, while some heirs wish to receive their financial share?
A bequest to one of the heirs, stipulating that the apartment be given to them, is a bequest to an heir and is not binding unless the other heirs agree to it. Otherwise, they have the right to their share of it. Registering the apartment in the name of one of the heirs without them taking possession of it during the lifetime of the grantor is not considered a valid gift. It takes the ruling of a bequest to an heir if the grantor dies before possession is taken.
If the heirs do not consent to the bequest, they have the right to their share. If dividing the apartment among the heirs without causing harm is impossible, and one of the heirs demands its sale, the others are compelled to sell.
The deceased's inheritance is divided among his sons and daughters by ta'sib, with the male receiving the share of two females. Thus, the inheritance is divided into eleven shares; each son receives two shares, and each daughter receives one share.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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