This is going to be a rather lengthy email. Please forgive but I want to give details if you allow me. 3 years ago my father passed away. My family consists of my mother, we are three brothers and one sister. Prior to his death, one of his assets, a shop was being rented by my sister and she paid approx 17000-20000/month rent to him. The other half of the shop was rented to a non-family member who paid my father about 8-10 000/month. Approximately 7-8 weeks before his death, while healthy and in sound mental ability he got upset at my sister and telephonically told her that she should get out of the shop.
While he was in hospital, he told me that the shop was for his three sons only and not for the females.
After he passed on we discovered that he had Not left an Islamic will. In the will he excluded me (youngest son (A) and my mother (K) from any inheritance. He left the shop to my sister (R) and to the middle brother (H) half-half. He left policies valuing approx R400 000 to eldest brother (M.A). He left flat and cars to granddaughters I encouraged the family to ignore un-Islamic will and to distribute estate Islaamicly.
The estate at the time of his death included. Shop (+/- 3 - 4 million), Flat (residence) +/- 350-400 000, Cars (+/- 150 000), Cash 200 000, Other assets (estimate 100000)
Other assets which I don't know about.
This is what "my brother (H) and sister (R)" did. They valued the shop at 1 million and ignoring all other assets divided the shop into "Islamic shares". From their calculation my share was worth 246 000 (123 000 from sisters half of shop and 123 000 from brothers half) and they said that this is the amount they were going to pay out to me (A) and eldest brother (MA). I mentioned that I did not want to sell my share of the shop but they (R) and (H) refused to accept this. My sister gave me 123 000 but I returned it and my brother also gave me 12300 but I needed the money and took it. However I told them subsequently that the value was too low, and that they couldn't force me into selling my share of the shop. I offered to pay them (R) and (H) 123 000 each and they should sell their shares to me but obviously they both refused. None of the other assets were distributed.
3 years after my father's death from his estate this is what the picture looks like.
My sister has part of shop (slightly bigger) which at today's rate would pay 25-35 000/month. My brother (H) has the other part of shop and he collects 12 000/month rent. My sister has in the last two years bought a flat worth 800 000, a car worth 250 000, taken her family overseas thrice. My brother (H) is semi retired, bought a flat worth 900 000, a house worth 600 000 (but he had money before my father died). The eldest brother took the money (246 000) plus monies from policies worth 400 000. My mother got 50 000 from cash part of estate.
I received 123 000 from brother H that's all and refused the money from my sister. My brother-in-law sols his own shop about 3 months after my father's death and joined my sister in the shop.
About a month ago I found out that the holiday flat in Durban was registered under my name. For this reason it was not included in father's estate. But, my father when he was alive told the whole family that this flat was for all the children and it was his wish that it should not be sold but used by all kids and that we the kids should live peacefully.
The flat if sold today should be able to fetch 1.5-1.7 million. Alternatively, if rented could get about 5000/month Can I sell this flat and will the money be permissible for me. I estimate that when my father died 3 years ago the rental from the shop was around 30000 month. Today around 40000 month. If I didn't want to sell my share of the shop and still don't, but being realistic after pleading with my family about the will, they are Not going to change anything and taking into account that all that I have received 123 000 so far can I sell this Durban flat and tell brothers and sister that I'm taking the money from the flat in-law of my share in shop. The share in the shop is much more in value than the value of the flat.
I am the youngest in my family. For the past 3 years none of them once had the guts to say that what I got from my father's estate was unjust. They are all leading easy/luxurious lives. I have just completed my studies and they all know that I need the money. I feel hurt and very disgusted at my siblings. What should I do?

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.

There is no doubt that the will that your father, may Allaah forgive him, had assigned to some heirs and not to others, and his attempt to prevent his wife and daughter, and giving priority in donating to some of his children and not to others before his death, is an injustice that should not be put into effect. First of all, the father should have been just in giving a donation to his children when he was alive, as the Prophet said: "Fear Allaah and be just between your children." [Al-Bukhari and Muslim] If the father did not take back his donation before he died and divide it justly among his children, then the children have the right to take it back for a just distribution, according to the correct opinion of the scholars. Secondly, it is not correct for him to make a will dividing his wealth between his heirs, as the Prophet said: "Allaah has given everybody his right, so there is no will for an heir." [An-Nasaa'ee, Al Tirmithi and Abu Daawood]

Now, all of you are obliged to divide the entire inheritance of your father basing your distribution on the Book of Allaah and the Sunnah of the Prophet . Whoever amongst you was favoured with a donation when your father was still alive or favoured in a will on account of others after your father's death, has to give back what he had taken unless the heirs are pleased with the situation. If the heirs are not pleased, then the will is void and whoever has taken anything and used it as he wished without the consent of the heirs, his behaviour is prohibited and he has to give back the wealth that he had taken.

You have to know that you will stand in front of Allaah naked and bare-footed in a day equivalent to 50,000 years, and on this day the wrong doers will regret and would wish that they had observed the limits of Allaah.

Your father's will for his grandchildren is correct, provided it does not exceed one third of the inheritance, because when Sa'd asked the Prophet whether he could make a will dividing all his wealth as charity, the Prophet replied: "No". He then asked him: "What about half of my wealth? The Prophet again said: "No." Then he asked: "What about a third of my wealth? The Prophet then said: "A third is acceptable, and it is a lot." [Al-Bukhari and Muslim] So if the will of your father to his grandchildren exceeded a third, it is not acceptable unless all the heirs agree to it. After taking out the will, all the remainder of inheritance is to be divided, the money and the estates, as follows:

The wife gets one-eighth share.

The rest shall be divided among the three sons and the daughter, the male twice the share of the female. This means that the inheritance should be divided into eight shares, one share for the wife, one share for daughter and each of the sons will get two shares.

If there is still a disagreement and dispute among the heirs, then we advise you to take the case to an Islamic court or an Islamic institution to resolve the dispute.

Allaah knows best.