What if My Late Brother’s Wife Refuses to Share Inheritance?

Answered by Mawlana Ilyas Patel

Question

My late brother’s estate includes a one-eighth share for my mother, but his wife refuses to distribute it to us (siblings). Some properties, legally in our names but purchased by my brother, match the value of this share. Can we rightfully claim these properties as our due inheritance?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question.

In the above scenario, your mother has a right to 1/8 of your late brother’s estate, and his wife cannot withhold it. If your brother bought properties but put them in your name, there are a few scenarios:

• If he gifted them to you and you have evidence, then they belong to you.
• If he only registered them in your name but still owned them, they are part of his estate and must be shared among heirs.

You can only offset your mother’s share if her rightful one-eighth interest matches the value of these properties. This can only be done with mutual agreement among all the heirs to allocate the properties in exchange for her share, including the agreement of his wife.

To summarize, the process must be conducted with full transparency and the consent of all heirs. [Sajawandi, al-Siraji fi al-Mirath]

I would advise you to consult a reliable local scholar on the specifics of your situation, sensitivity, and family details and sit down to discuss and distribute the inheritance accordingly.

I invite you to go through the valuable answers and links below. You will receive guidance and direction, insha’Allah.

Related: Inheritance Law Archives—SeekersGuidance

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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.