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we are two sisters and two brothers. My Father, when alive, transferred the property to my two brothers when they were minors at age of 9 years and 7 years respectively. The property remained in my brothers name and my father died. Now we both sisters are claiming the share in property as it was of our fathers. But my brothers are saying that the property belongs to them. My question is , how can the property belongs to my brothers, though it was transferred to their name when they were only minors??? Please advise what does sharia says about this?? and how we solve this distribution issue amongst us in an amicable manner???

sabeeh ahmad
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  • Please consult a lawyer for legal advice. Your brothers being minors is irrelevant since a minor can own property. Giving a gift to some children while depriving others has been condemned in ahadith such as this and this. – UmH Dec 07 '21 at 10:44
  • This site would only search for answers according to Sharia law. Differing civil law may apply in your country. – Jeschu Dec 07 '21 at 18:56
  • You are asking multiple questions here, not all of which are even on-topic for this site. Please take the time to focus your question on one single answerable question. Please note, we as a site are not qualified to give fatwas or any form of legal advice. – goldPseudo Dec 09 '21 at 20:57

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Suppose the owner of the money has someone to inherit it (even if only one), then according to the Islamic legal division, in that case, it is not permissible for him to bequeath all his money, whether the heirs are from his children, or others such as brothers, sisters, uncles, and other relatives and heirs. Also, there is no difference between whether they were in need or not in need, because this is their legal right that God gave them, as the Prophet, upon whom be peace, said: “God has given everyone who has a right his right.” However, if the owner of the money goes against this and bequeaths all of his money, the bequest will only be carried out by a third of his capital. Because the money is transferred upon death to the heirs, and it enters their possession by force.

Reference: https://islamqa.info/ar/answers/180174/هل-له-ان-يوصي-بكل-ماله-اذا-لم-يكن-له-اولاد

Omar AlSuwaidi
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