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What is the share of the sons and daughters of the brothers and sisters of the deceased who left no heirs except his two daughters? Is it permissible for him to sell the estate to his two daughters through a fictitious sale before his death?

1 min readAlso available in العربية

It is permissible for a father to donate all his property to his two daughters if he acts justly in doing so and does not intend to deprive the rest of the heirs. The donation becomes binding if the daughters take possession of it during the father's lifetime. However, if possession does not occur before his death, the donation is void unless the heirs agree to it. The donation is valid under certain conditions: that it is made in a state of health, with fairness, and with possession taken before death.

If the sales contract was fictitious, intended to deprive the remaining heirs, it is void, and the property is considered part of the estate for all heirs. If it was a valid sale and the father received the price, then the matter is concluded. However, if the price remains as a debt owed by the two daughters, they must pay it to the estate.

If the deceased has no heirs other than those mentioned, the two daughters receive two-thirds, and the remainder goes to his male nephews (full brothers or paternal half-brothers). There is nothing for nieces (daughters of brothers), or nephews and nieces (children of sisters), or maternal half-nephews.

If the sister died after him, and she was a full sister or a paternal half-sister, she inherits the remainder after the daughters' share by virtue of 'asaba (agnatic relationship), and her share is added to her estate. In the absence of an 'asaba, the remainder after the two-thirds for the daughters is also returned to them.

Issues concerning inheritances must be brought before the Sharia courts to verify all rights and debts.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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