Is the grandfather's apartment, which was in his possession at the time of his death, to be divided as an inheritance among all his heirs, knowing that it was not officially owned by him but was rather "under his hand" (وضع يد - usufruct), and can one of the heirs claim ownership of it from the government for himself?
If the grandfather passes away, all his possessions become an inheritance to be divided among all his heirs after settling his debts and executing his will. The land on which the grandfather built, as well as the apartments he favored some of his children with, are part of the inheritance. The children who received these apartments must return them to the estate to be divided justly among the heirs, with the male receiving the share of two females, because favoring some children in a gift is not permissible. Similarly, the apartment for which ownership fees to the state have not been paid is included in the inheritance, as it is an acquired financial right, and none of the heirs is allowed to monopolize it. All heirs participate in paying what is due to the state in fees, each according to their share of the inheritance. It is permissible for daughters to waive their rights to the apartments in favor of their brothers if they do so willingly and are adult and mature.
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- Ftawy
- Original fatwa ID
- 19325
- Imported
- Translation status
- Source text, unreviewed
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