A brother who resides in the late mother’s house

Fatwa ID: 02236

Answered by Ustaadha Bint Salih

Question:

AssalamuAlaikum Mufti Saheb
I have two issues that I need your guidance according to Sharia
What does Islam say on a brother who resides in the late mother’s house who died 10 years ago, without mentioning of the house of late mothers because he lived with her, yet it is supposed to be part of the deceased estate.

Answer:

Bismillah

The general rule when it comes to sharing out the assets of the deceased is 2 shares for the male and 1 share for the female.

Allah instructs you concerning your children: for the male, what is equal to the share of two females.
(Surah Nisaa, Verse 11).

With regards to the house in question, as you have rightly stated, it is part of the estate. This means all heirs are entitled to it.

To resolve this issue, the brother who has been living in this property can take his share and buy back the house from the others who are entitled to it.

Only Allah knows best.

Ustaadha Bint Salih.  

Darul Ifta Birmingham

Checked and approved by Mufti Mohammed Tosir Miah

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