Is the eldest sister entitled to receive the value of her share in the house at today's price, after the land value has increased, or is she entitled to her share at the value agreed upon when the inheritance was divided, similar to her two sisters who have already received their shares?
If the heirs are limited to sons and daughters, the inheritance is distributed such that the male receives the share of two females. If all adult heirs agree to divide the inheritance by mutual consent, then this division is considered binding and enforceable, like a sales contract. It is not permissible to annul it or retract it. Therefore, the sister who agreed to the mutually consented division but then refused to receive her share, claiming she wanted to reside [in the property], is only entitled to the value of her share to which she consented. However, if the daughter was not satisfied with the division or was not an adult, her right to her share of the inheritance is established and she cannot be forced to relinquish it. It is advisable to refer inheritance matters to the courts to investigate them and ensure all rights, wills, and debts are settled before distribution.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
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- Ftawy
- Original fatwa ID
- 137160
- 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.
- Read the full ruling
- Read the full answer on Ftawy