Back to search
The question

Can the deceased's disputed real estate be divided among the heirs by mutual consent, and what are the procedures for proving the right of a mother who does not hold a valid ID?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · reviewed Sep 2, 20261 min readAlso available in العربية
The answer

If the heirs agree on the division of the inheritance, there is no blame upon them, even if there is a disparity in the shares. In this case, the wife receives one-eighth, and the remainder is divided between the son and the daughters, with the male receiving the share of two females. If the heirs agree that each of them takes an apartment, there is no harm in that, and this should be officially registered. If it is difficult to document the apartment for the mother due to the lack of a valid identification, a lawyer can be consulted to preserve her right. As for the land, the land on which the building stands is divided according to the area of the apartment. As for the land that has no building on it, it is divided according to the agreement of the heirs. If they do not agree, it is divided according to Islamic law: the wife receives one-eighth, and the remainder goes to the children, with the male receiving the share of two females.

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

Read the full answer on Ftawy