Answer:
(Fatwa: 960/816/B=1432)
In the question mentioned above, by making a will to give your house to your one brother, he will not have right to receive it. Merely the wish is useless and if he has willed then also house of deceased person shall be divided among his live heirs as per the Quran and hadith; since the will made for heir is null and unlawful. The widow too deserves her rights in the house as well as his brothers and sisters. As per the Shariah, the house of the deceased shall be divided into 28 shares; out of which one fourth i.e. 7 shares shall go to the wife, 6-6 shares to each brother, while 3-3 shares to each sister. The detail of Shariah distribution is as follows:
Detail:
Wife: 1×7 = 07
Brother: 2×6 = 12
Sister: 3×3 = 09
Total: 28 Shares
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband
