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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The father registered the land in the name of one of his sons; do his brothers inherit it with him?

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Question:
May Allah reward you with good, and may He do you good. A listener sent a question, saying: I bought a residential plot of land and registered it in my father's name. Then my father registered it in my name a second time, meaning it would be mine after his death. Is it permissible for my brothers, who are from a different mother, to inherit a share of this plot, or not?

Answer:
First, from the perspective of the Islamic ruling, it is not permissible for a father to designate one of his children to receive a bequest after his death, or a gift during his lifetime, because the Prophet (peace and blessings be upon him) said:
Allah has given every person who has a right his right, so there is no bequestالله أعطى كل ذي حق حقه فلا وصية
Musannaf Ibn Abi Shaybah 27:1
for a father, and the scholars have reached consensus on this. And he (peace and blessings be upon him) said regarding gifts:
Be afraid of Allah, and be just to your children.اتقوا الله واعدلوا بين أولادكم
Sahih al-Bukhari 2587
. As for if the matter has already happened, and he wrote this land in your name, and he passed away, and your brothers did not permit it: if they permit it, there is no harm, because the right belongs to them. But if they do not permit it, the judge will rule between you. This is among the affairs of the Shari'ah courts, which are the ones that decide in cases and disputes. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 4272- سجل الأب الأرض باسم أحد أبنائه فهل يرث معه إخوته - الشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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