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Fatwa CenterHe left only one son and gave his land by will to his adopted daughter
Question
Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information ۞-Does the deceased have male relatives who are entitled to inherit: (A son) Number 1 ۞- The will which the deceased left behind and that is related to his inheritance is : he transfer the land to his adopted daughter.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
The will by which that person gave the land to that adopted daughter is considered a valid will as it is a will for other than an heir. However, if the land does not exceed a third of the inheritance, then it [the will] can be fulfilled and the adopted daughter takes the land, but if the land exceeds one-third of the inheritance, she should take only what equals one-third (of the inheritance), and she should not take whatever exceeds that except with the consent of the heir [the son].
Therefore, if the deceased did not leave behind except his son, then the inheritance after fulfilling the will is for the son by Ta’seeb (by virtue of having a paternal relation with the deceased and not having an allotted share, so he gets what is left after the allotted shares have been distributed).
It should be noted that the matter of inheritance is very complex an issue, so a mere Fatwa which is an answer issued according to the question is not enough. Rather, the matter should be taken to an Islamic court to look into the case, or it should be presented orally (in person) to the scholars in case there are no Islamic courts. It might be that there is an heir who would not be known except after investigation, and there might also be a will, debts, or other dues that are not known to the heirs. It is known that these rights come in priority over the right of the heirs. Therefore, the inheritance should not be divided without resorting to an Islamic court, if any, in order to fulfill the interests of the dead and the live people.
For more benefit on the ruling of adoption, please refer to Fatwa 82371.
Allaah Knows best.
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