🌍 Children, inheritance & global · #58
The eldest brother has taken control of the estate and refuses to divide it. What can be done?
The other heirs are entitled to claim their shares; start with family negotiation, then the estate office or court if needed.
Allah affirms that men and women each have a share of what parents and relatives leave, little or much, as an appointed share (an-Nisa' 4:7), and warns those who transgress the limits of inheritance (4:14). The eldest son has no greater right than his siblings in faraid; if he manages the property, he is a trustee. Steps: ask for a list of the assets and statements; propose division according to the faraid certificate; if that fails, apply to the small estates office, Amanah Raya or the High Court depending on the type of property, which can appoint an administrator. Keep records of communications. Avoid open hostility for the sake of a surviving mother and the nephews and nieces. See Managing an estate.
Allah affirms that men and women each have a share of what parents and relatives leave, little or much, as an appointed share (an-Nisa' 4:7), and warns those who transgress the limits of inheritance (4:14). The eldest son has no greater right than his siblings in faraid; if he manages the property, he is a trustee. Steps: ask for a list of the assets and statements; propose division according to the faraid certificate; if that fails, apply to the small estates office, Amanah Raya or the High Court depending on the type of property, which can appoint an administrator. Keep records of communications. Avoid open hostility for the sake of a surviving mother and the nephews and nieces. See Managing an estate.
Sources
Surah an-Nisa' 4:7Surah an-Nisa' 4:14Surah an-Nisa' 4:58