Inheritance Dispute

QUESTION:

My brother has been looking after my parents’ affairs and my father’s two commercial properties with full unlimited and unrestricted benefits. He lives in South Africa in a free, fully-furnished townhouse and car, with has all his living expenses fully paid. He has never worked or earned an income on his own.

My parents passed on in Zimbabwe last year; first my mother,  in January 2025, and after her, my father passed on in February 2025. My mother left a will, drawn up at age 86, which stipulated that the family home that was registered in her name would go to my brother if my father predeceased her, and if not, it would go to my father as the sole executor and beneficiary. My father apparently left no will.

My brother, by virtue of managing my parents’ affairs, continued to handle the estates. He has not disclosed anything, nor has he been transparent or accountable on all information, documents and affairs of the estates, and neither has he exercised any executor/trustee responsibilities in accordance with the fiduciary duties and responsibilities required of an executor/trustee.

Only at the end of August 2026, 20 months after the passing on of my parents, did he disclose ‘in passing’ and, ‘by the way statement’, that the family home is in the process of being transferred to him as it was given to him. He also confirmed that my parents left no will (yet we subsequently found that my mother left a will that only dealt with the family home with the stipulation I mentioned above).

Upon investigation with the Master’s Office in Zimbabwe, we found that my mother did leave a will which was lodged and registered at the Masters Office in Zimbabwe, under which my mother’s estate process was already at the advanced stage of a first and final liquidation and distribution account, and being in the process of the window for objections. Further, the approval of the Master to continue was awaiting payment of the Master’s fees of US$7,000. We lodged an objection on the basis that the will was incorrectly and improperly lodged, based on the will stipulation above and furthermore, that there has been no disclosure or transparency and no exercise of any fiduciary duty and responsibility. We hope, Insha’Allah, that this has stalled the process for the Master to investigate.

Following my brother’s claim of being gifted the house, he states that he has more than two witnesses to confirm this. There is no deed of donation nor agreement to gift or anything else in written on the family home that has been produced. Neither have our parents in every interaction or discussion we had with them, ever disclose this ‘gift of the family home’ to the 5 other siblings. The family home is a major asset valued at US$500,000 and we, as siblings, fail to see how this was not disclosed to us in any way at all by our parents. Furthermore, if it was gifted during my mother’s lifetime, why was possession and property not transferred when my mother was well and prior to her passing on.

Please can you give us the Islamic perspective on the above, and whether the claim for the gift is now valid if my brother did not transfer the family home when my mother was well and during her lifetime. Can he now claim this 20 months after my mother passed away and after springing a sudden surprise on the siblings at the end of August 2026, without disclosing this gift to the siblings before.

Additionally, does lodging the inheritance on the family home under my mother’s will in the Masters Office supersede the claim he now makes that the family home was gifted to him. Especially since the process was at a very advanced stage of the lodging of a first and final liquidation and distribution account and awaiting payment of the US$7000 Masters fee for approval of the transfer?

ANSWER

From the outset, there are few issues that need to be dealt with which we have highlighted below:

1. Your mother’s will stating that the family home that was registered in her name would go to your brother if your father predeceased her,  and if not, it will go to your father as the sole executor and beneficiary.

2. Your brother claims that the house was gifted to him.

Regarding Point 1:

It is imperative to note that when making a bequest, the bequest has to be valid in Shariah in order for the bequest to be enacted. As such, your Marhoom mother had made a bequest that if your Marhoom father had to predecease her, then the family home will go to your father as the sole executor and beneficiary. This is an invalid bequest in Shariah because one cannot make a bequest for an heir.

وَيُرْوَى عَنِ ابْنِ عَبَّاسٍ رَضِيَ اللَّهُ عَنْهُمَا عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ:لَا وَصِيَّةَ لِوَارِثٍ إِلَّا أَنْ يجيزها الْوَرَثَةُ (مشكوة المصابيح #3074)

It is reported from Hadrat Abdullah ibn Abbas Radiallahu Anhuma that Nabi Salallahu Alaihi Wasallam said, “There is no bequest for an heir unless the remaining heirs consent to it.”

Now, since the bequest is invalid, the family home will belong to the estate and must now be distributed according to the Islamic Laws of Inheritance.

Regarding Point 2:

Firstly, it is incorrect that the son is not transparent to all the heirs as he is not the sole heir of the estate. It is necessary that he should be open, clear and unambiguous, in order for all the hearts and minds to be at ease.

Secondly, the brother had claimed that the house was gifted to him by the Marhoom mother. If so, the correct procedure of gifting in Shariah ought to be followed for the gifting to be valid. See below for further details regarding the correct procedure of gifting in Shariah:

The proper procedure of gifting in Shariah is that, when gifting a property, the donor must ensure that it is free of his/her possessions. If the donor did not remove his/her possessions from the house when gifting it, the gifting is incomplete and null and void.

وتتم الهبة بالقبض الكامل ولو الموهوب شاغلا لملك الواهب لا مشغولا به والأصل أن الموهوب مشغولا بملك الواهب منع تمامها وإن شاغلا لا فلو وهب جرابا فيه طعام الواهب أو دارا فيها متاعه أو دابة عليها سرجه وسلمها كذلك لا تصح (الدر المختار و حاشية ابن عابدين 5/690)

Hence, in the queried scenario, if your Marhoom mother was living in the family home at the time when she had gifted it to your brother, the gifting is invalid.

Thirdly, the mere fact that your brother clearly stated that your Marhoom mother did not leave behind a will, yet after some time her will was found, indicates that the brother is trying to misappropriate the property which is impermissible.

NB: OUR RULING IS BASED ON THE INFORMATION PROVIDED IN THE QUERY. HOWEVER, IF THE INFORMATION DIFFERS OR IS NOT COMPLETE THEN, THE RULING WILL DIFFER.

ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!

ANSWERED BY:

Mufti Abdul Kader Fazlani

Date: 22 Jumaadal-Ulaa 1448 / 02 November 2026

CHECKED AND APPROVED BY:

Mufti Yacoob Vally Saheb