Q: A lady has a property that she earns rental from. She has stated verbally that upon her demise, this property must go to her 3 sisters. If she passes away, her heirs will be her 3 daughters, her husband and her 3 sisters.
1. Is this bequest valid and binding?
2. Will the ruling be different if her father is alive at the time of her demise?
A: If her father is alive at the time of her demise, then her bequest for her sisters will be valid from one third of the estate (as her sisters will not be part of her heirs).
However, if her father is not alive at the time of her demise, her bequest for her sisters will not be valid as they will be part of her heirs who will inherit from her. In Shariah it is not permissible for one to make a bequest in favour of any heir. Hence, in this case, the house will form part of her estate and will have to be distributed among all her heirs according to their stipulated shares of inheritance.
Nevertheless, if all the heirs are happy to give them more than their stipulated share of the inheritance to the extent of the bequest made in their favour (i.e. the house) and there are no minors present among the heirs, then in this case, since the other heirs are happy to give them from their haq (their share of the inheritance), it will be permissible for them to take to the extent of the bequest.
However, if there are any minors present among the heirs, then the minors will have to be given their full share of the inheritance.
And Allah Ta'ala (الله تعالى) knows best.
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