Gifted From Her Uncle Who Was On His Death Bed
Fatwa No: 375529


Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have male relatives who are entitled to inherit: (A full brother) Number 2 (A nephew from a full brother) Number 2 -Does the deceased have female relatives who are entitled to inherit : (A full sister) Number 3 - Additional information : My taya abu [eldest bother of my father] want me to have his electronic devices verbale and some of the sims are in my name and to give away perishable goods which he bought for me and for the kids in the neighborhood. the sisters and younger bother denying me to do so even hiding the mobile phones and tablets my taya hate his sister because he used to steal his stuff and sell it to the pawn seller they even went as far as to hide the mobile phones that i had to as several times before the gave be so i could inform his friends so they could attend his funereal prayers? so people have told me as i was like his son and he loved me so much i should do as he willed [verbally] to me. he dislike them so much that he ate and cooked separately from them because his younger bother is a hoarder as well and the sister stole his suitcase full of photographs and their negatives and sold it to a pawn dealer. money possessions used to get disappeared and locks on his drawers broken. so now the elder sister who is in london and these two are denying me access so i can keep his phones away from this sister as it contains photographs and other personal private information and to give away his cloths and sweets biscuits to children and those in need. they say the sister from london will decide but to me i feel as if it is my duty to keep the mobiles away from them and because he would dislike them to have it and keep food till it rots [because they do this regularly with meat and other foods] and if i am not able to do so will i be in the wrong in the eyes of god and my taya please tell.


All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If the heirs are only those mentioned in the question, and the deceased did not leave any other heir, then the inheritance should be divided between the two full-brothers and the full-sisters by Ta’seeb (by virtue of having a paternal relation with the deceased and not having an allotted share, so they get what is left after the allotted shares have been distributed); the male twice the share of the female as Allah Says (what means): {If there are both brothers and sisters, the male will have the share of two females.} [Quran 4:176]

However, the two sons of the full-brother do not get anything from the inheritance because they are prevented by the existence of the full-brother.

Therefore, the inheritance should be divided into 7 shares; each full-brother gets 2 shares, and each full-sister gets 1 share.

We apologize for not answering what you mentioned in the notes, i.e. in the additional information, because it is not possible to issue a Fatwa on such matters of dispute except after knowing the reality of the matter and hearing from all the parties; this is of course something that is not possible for us.

What we can say in brief is that if your uncle wanted to gift you something from his property, then one has to look at his condition whether or not he was in his disease due which he was feared to die. If so, then if the gift was possessed by you [the person to whom it was gifted], then it is effective within one-third of his wealth only, because it takes the ruling of a will; the same thing applies if he wanted to make a will to you after his death and did not intend a gift.

In case he was not in his disease due to which he was feared to die, then he could have gifted you whatever he wanted from his property, and if you possessed it when he was still alive, then the gift was valid and none of his brothers or sisters can object to it.

Hence, we advise you to orally ask those questions to the scholars so that they can provide you with an appropriate answer.

Allah knows best.

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