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Fatwa CenterFamily resents father's decision about distributing his property before he died
Question
I would like to ask about inheritance. Before My father (god bless him) passed away, he registered half of his apartment in my name and the other half in my mother's name. Here I have to say that my father asked me about what he is intending to do. I asked him to ask my brothers and sisters because I do not want any of them to have problem with that in the future and to feel comfortable with my father decision. My father asked them and their reply was 'why only the half of the apartment, all of it Sameer deserves it' this was because (I believe so) I was helping my parents for long time before and after (this does not mean that I am better than them but I was financially better than them).
So my father registered this half to me. After two years my father (God bless him) passed away we wanted my mother to live near the rest of the family so brothers and sisters can take care of her, we had to sell the apartment and buy another one, during the selling of the old and buying the new apartment I paid all what it needed the taxes of the old one and the repair of the new one. My mother registered her half to me too.
In one of the family meetings one of my brothers said, 'I do not and will not forgive my father in "Yawm Al-Kiyaama" because he did not give me my part from the apartment as well one of the sisters said that.'
My question is: Has anyone in the family the right to say I forgive or not?
If what my father (God bless him) did mistake can I correct it or originally he did not do any mistake.
In case I have to pay money to any one asking for it from any price I have to pay: The price of the apartment we sold or we bought or even the recent price of the apartment.
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. We ask Allaah to exalt his mention as well as that of his family and all his companions.
One has to hear from both parties regarding this issue. We cannot give a ruling by listening to one party only. So it is more appropriate for an Islaamic court to look into this matter if you are in a Muslim country or one of the Islaamic foundations if you are in a non-Muslim country. However, we can benefit you by the following:
If it is confirmed that your brothers affirm that your father donated to you this portion of the apartment, it will be either as a gift, after which your father passed away, then it becomes your property, and there is no consideration for your brothers re-iterating what they had confessed.
It could be also that it did not become your property, meaning that the flat remained as owned by your father till he died, in which case the ruling of a will applies to it; and it is legitimate for all the heirs as there is no will for a heir. The fact that your brothers kept quiet about what you did in the apartment in repairing and selling for your own benefit, is an indication that they were pleased with the donation of your father to you, which implies that the will is permissible. Thus, you are entitled to this apartment. However, we draw your attention to the following matters:
a) If we assume that you deserve this apartment: it would be a good thing if you renounce some of your rights in order to keep good relations with your kinship and to avoid disputes. You will be rewarded by Allaah if you do so.
b) What has to be taken into consideration is the current price of the second apartment.
c) What we have mentioned regarding the donation of your father to you, applies to the donation of your mother to you as well.
Allaah knows best.
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