distribution of property Fatwa Cover

Bequeathing wealth to heirs 1866589828

Monthly Al Kawthardistribution of property


Question

One of my uncles has 50 acres of land. Before his death, he owned 4 acres of land next to his house for one of his children. And he bequeathed 3 hundred acres of land to one of his uncles. After his death, his heirs want to know whether his father's will will be effective or not. Is it necessary to fulfill it in the eyes of the law? 8769385221


Answer

- حامداومصلياومسلما، بسم الله الرحمن الرحيم -

It is not lawful to make a will for an heir (ie, those who have a share in the estate of the deceased). Even if you make a will, it will not be effective. Of course, a will can be made for those who are not heirs. If someone does, it will be necessary to implement it from one third of the resources. Prominent Companion Abu Umama Bahili. He said, "I heard the Prophet (peace and blessings of Allaah be upon him) say in his Farewell Hajj speech that Allaah has given his right to every rightful owner." Therefore, a will cannot be made for an heir. In another narration, there is no provision of will for the heir. So in the case in question, the will that your uncle made for his uncle is valid, but it is not lawful to make a will for the child. So it will not be effective. It is clear that although it is not valid to make a will for a child and other heirs, it would be permissible for someone to do so, and if all the other heirs are adults and they all want to carry out the will completely spontaneously. Hazrat Abdullah bin Abbas. He said that the Prophet (peace and blessings of Allaah be upon him) said that it is not valid to make a will for the heirs, but it will be valid if the other heirs give permission. It is further stated that since the will is not valid for the heirs, the land bequeathed to the child will be considered as the inherited property of all the heirs. And according to the details of the question, since the land bequeathed to the uncle is less than one-third of the total property of the testator, he will be entitled to it according to the will. 6284284388

- والله اعلم باالصواب -

* This Fatwa was translated by Google Translate.
To see the original click here

Source

  • মুসনাদে আহমদ, Part: 4, Page: 186
  • সুনানে দারাকুতনী, Part: 4, Page: 98
  • সুনানে বায়হাকী, Part: 6, Page: 263
  • জামে তিরমিযী, Hadith No.: 2,126
  • জামে তিরমিযী, Hadith No.: 2,022
  • সুনানে ইবনে মাজাহ, Hadith No.: 2,008