Elder brother took over inherited properties
8-5-2005 | IslamWeb
Question:
After my father death my elder brother took over all the properties and now it is almost 4 years he is occupied and taking all the rents and from that rents he is giving some money to my mother for monthly expenses. Now I want you tell me what is the Quran and Hadeeth says about my elder brother on this act. No one is happy by this action because we are four brothers and four sisters. But everything is in his control like all properties is on his name and all the papers legally we can't do anything. Please give me reply in the light of Hadeeth and Quran.
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.
First of all, it is an obligation to divide the inheritance according to the Book of Allaah and the Sunnah of the Prophet 
. So it is not permissible for any heir to appropriate all the inheritance at the expense of others as this is contradictory to Allaah's Limits and this is taking people's money without any right.
Therefore, this bother should divide his father's inheritance on his mother and brothers and sisters. The fact that the properties are registered in his name does not make it permissible for him to exclusively own them. If his father had gifted them exclusively to him when he was alive without gifting any of them to his brothers or sisters, this is an injustice as it is forbidden for the father to gift something for one child or few children and not gift the others. The evidence about this is that Nu'maan Ibn Basheer 
narrated that his father took him to the Prophet and he inquired: "I gifted my son a male servant." Thus the Prophet asked him: "Did you gift all your sons the same thing?" he replied: "No." Thereupon the Prophet told him: "Take back what you have gifted to your son." [Al-Bukhari and Muslim] In another narration, the Prophet said: "Fear Allaah and be just between your sons." another narration reads: "I will not become a witness for injustice."
Therefore, it is an injustice for a father to gift some of his children and neglect others, and it is an obligation on him to take back what he gifted to his children. If he died before taking it back, then his sons have to give it back after his death [to be distributed equally along with the other inheritance], according to the most preponderant opinion of the scholars
because the Prophet said: "Do not be witness on injustice." So it is not permissible for a person to do injustice or witness an injustice of someone either in his life or after his death.
Shaykh Al-Islam Ibn Taymiyyah
said: 'If the father dies before being just between his children, then the other children to whom the father did not gift anything, have the right to take back what he had gifted to their brother or sister at their expense. This is one of the narrations of Imaam Ahmad as well. As regards the son [or sister] who is favoured over other children, then he [or she] has to return what she had been gifted [add it to the inheritance], as there is no difference of opinion on this matter.'
To conclude, if the heirs have evidence that this wealth belonged to their father and they are not pleased with their brother having appropriated the inheritance at their expense, then they have the right to ask him to divide it according to the Book of Allaah and the Sunnah of the Prophet . Of course, this includes the inheritance itself [the properties] and the rent money.
Any person who knows this brother should remind him of Allaah and remind him that he will stand in front of Him in a Day equal to fifty thousand years. Allaah says (which means): {And be afraid of the Day when you shall be brought back to Allaah. Then every person shall be paid what he earned, and they shall not be dealt with unjustly.}[Quran 2:281]. Besides, this brother should be advised to stop consuming the wealth of the heirs unjustly.
Allaah knows best.