I may be wrong (and feel free to correct me) but I don’t think his mum’s wish would count unless X was already made the owner of the house before the mum passed away. If siblings agreed to give up their share of inheritance to X after they received their shares then it’s a different thing. In this case, it seems that X’s brother does not even agree with the mum’s wish. Assuming the mum’s parents have already passed on, the mum’s estate (the house, including all other assets like money, jewellery) would go to the inheritors after deducting: 1. Funeral costs 2. debts amount (the siblings need to settle any debts she may have from the estate). 3. Bequests (wasiyah). If no wasiyah was mentioned by the mum, estate would split after the funeral costs and settlement of her debts. X can’t be part of the wasiyah since he is a legal heir Split would then be: Son 1: 2/7 = 28.57% Son 2: 2/7 = 28.57% Daughter 1: 1/7 = 14.29% Daughter 2: 1/7 = 14.29% Daughter 3:1/7 = 14.29% if 28.57% = the exact house value, then X has got dibs on it as it was his mum’s wish. If it is less than 28.57%, then X needs to give the remaining amount to his siblings to make up for their shares (since it is their right and the brother does not want to give up part of his share, in this case the house). Honestly bro, it’s best to contact a mufti and consult.
Sounds like person x has received more than his shari right from the inheritance already, which is fine if the other claimants are happy to give him extra from their own share. But quite frankly - you need to speak to an actual mufti who can go through who said what at which time. The forum isn't the right place for specific individual cases bro. If person x has a problem with you going to a mufti but he wants more from the inheritance etc, then I'm not sure he's going to get it. I would suggest you speak to a mufti, doesn't need to know names etc. Then get a fatwa on your situation. If it transpires that person x deserves additional money, then pay him according to the fatwa and you won't need to tell him you approached a mufti. If person x is not entitled to extra according to the fatwa, don't give it to him if you don't want to and don't tell him you received a fatwa- you can just tell him you don't think he's entitled. If he insists that he is entitled, then you can tell him to seek a fatwa and once he agrees, you can tell him you already spoke to a mufti and provide him with a copy. Either way, you need a competent mufti and he needs to be provided with all background information, names can be substituted for privacy.
Salam Siblings are 3 sisters and 1 brother. Brother objected. Father too has passed on. X is a male and the deceased mother said x will be given the house after death. Jazakallah
A few things: - are other siblings male or female? - I presume X’s father has passed away? - also presuming X is male. - did the mother say “my property now belongs to X” (as in she has gifted the whole thing to him in that instance) or something like “when I pass away give my property to X”?
Salam Somehow I've found myself embroiled in an issue a bit of a sticky situation and would appreciate your views. Person x lived with mother never really worked and had bills paid for by mother. Mother passed away and x still lives in property but has no income. The mother in her last stages said the property belongs to x but nothing written ie will etc. 4 other siblings didn't object to this apart from one who did so on the grounds of Mr x not being able to maintain the property in absence of a regular income. X now wants his share of any money on top of the property as he has no means to pay his bills.. Does person x have any right to additional inheritance given that the property he's assumed ownership is worth around 100k and is actually more than his shari right. Also is the word of the deceased mother sufficient for him to assume ownership though I don't think the siblings have any objection. I know this requires some input from a local mufti but person x is not open to this. Bit of a mess unfortunately Jazakallah
