F-00-1382
55
26 - 10 - 2025
The Ruling on Waiving Inheritance
A person passed away and left two houses, along with three sons and two daughters. One of the sons bought all his siblings' shares in one house, except for one of his sisters who waived her share in this house in exchange for him waiving his share in the other house. Then, after that, the brother passed away. The sister then fully waived her share to her niece's son, and there remained shares in the name of the deceased brother's children. She then passed away while single. Are these shares the right of the brother's children, or the right of all the heirs? Knowing that they are legally registered in the name of the brother's children?
Answer
I say, and with God's success: If the witnesses say that she stated that all her share in the house is for her niece's son, including what is registered in her name and others, then it belongs to her niece's son. If she did not state that, then her words could mean only what is in her name, and thus what is in the name of her brother's children is divided as inheritance among all her heirs. And God knows best.
