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Entire Inheritance In Favor Of Son
AOA,
I have a question pertaining to my inheritance from my father.
I have one older sister and one younger brother. My father always favoured my younger brother
Our father passed away 30 years ago and on his death bed said “I am a poor man” – to which understanding was that we should not lay claims on any inheritance as our brother is young and it should be security for him .
Under the very emotional circumstances I agreed. However within 40 days of my fathers passing I went back to my family, apologised and said I would like my rightful share of inheritance – at which point my 21 year old brother started crying and my mother started emotional blackmail – so I backed down again
Over the last 30 years my brother has had complete claim to all of my fathers inheritance even though everything is still in my fathers name and not his.
He has never worked a day in his life and has lived his life and supported the lifestyle of himself, his wife and 3 kids by simply disposing various pieces of land over the years. He has no source of income apart from what he receives by selling our fathers land and in 30 years he has sold multiple pieces.
Now I am 63 years old, with two children of my own and I am quite unwell. I want my rightful share from the remaining properties when he sells them- but he is not in agreement. So I put a stay order on the remaining property
However he and his family and my sister are guilting me because they said I gave my word to my father on his death bed
My question is Ghamidi Sb, was it not wrong of my father to insinuate that all his inheritance should go to one child during such an emotional time ?
Also do I not have a rightful claim to my share of inheritance according to shariah just because of an emotional promise ?
I am very distressed with guilt and need guidance on way forward.
Waiting for your reply in anticipation
Thank you
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5 Replies
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Entire Inheritance In Favor Of Son
updated 1 year, 11 months ago
2 Members
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5
Replies
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A person has the authority to give any portion or even his/her entire wealth to anyone he wants during his lifetime. Inheritance is only distributed according to the Sharia law from any amount that might remain after the person’s will which could be written or verbal.
From the situation that you have explained, you and your children have no right on the property that was willed to your brother during your father’s lifetime. Any hurdles that you create in your brother exercising his right to sell the property are also not correct and may be considered sinful in the court of God. It is therefore advised that you remedy the situation as soon as possible and sincerely ask your brother as well as God for forgiveness.
Whether or not your father was justified in his decision to give all of his wealth to your brother before his death is something that will have to wait to be decided on the Day of Judgement. If you were indeed wronged then please be certain that you will be handsomely compensated for your loss as God has promised to render complete justice on that day.
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Thank you for your response.
Could you please clarify if this your opinion or Ghamidi Sb’s ?
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This is Ghamidi sahab’s opinion.
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Hello,
How come so many different opinions?
Also my father never himself said that all his property is for his son and neither did he legally put everything in my brothers name before his passing.
My brother has been selling and reaping the benefits like he is the sole inheritor ? Is that not incorrect simply based on the notion that his father would have wished for that ?
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From your original post:
Our father passed away 30 years ago and on his death bed said “I am a poor man” – to which understanding was that we should not lay claims on any inheritance as our brother is young and it should be security for him .
If the mutual understanding between your father and the people present on the occasion was that he is leaving the property to his son then my previous response is valid. If, however, I misunderstood your above passage then a legal option is your only recourse.
As for the differences of opinion, Ghamidi sahab has explained his understanding of the entire inheritance law below:
Please feel free to go over this and accept the position that you find more compelling.
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