Can a woman accept estate gifted to her by her terminally ill sister , without informing her other siblings?
A Brief Description of the Question:
My aunt bequeathed the estate that was owned in her name (but actually belonged to her grandfather and had never been given/divided amongst the heirs for ages) to her younger sister days before she died and left her only daughter in her care. The younger sister happily accepted and got the official papers signed, all this in total secrecy without informing any of the other siblings. Is this acceptable? Shouldn't she have consented the heirs before accepting the estate?
The Answer:
Firstly, if a person appropriates an estate at his/her pleasure (which does not only belong to that person); that person becomes responsible for not giving other heirs’ shares. Also that unethical behaviour is accepted as a rightful share. If there is an injustice, it is advisable to put right that injustice without any force and compelling. If that injustice passes to hereafter without correcting, the repentance offered there will not be accepted. And also, Allah, the Great Forgiver, forgives a believer’s all sins if s/he sincerely repents; except the rightful share s/he committed.
Secondly, your aunt’s younger sister should have asked for the consent of other rightful owners. Without informing them to sign the official papers is not ethical. She becomes responsible for that. And what she did is a rightful share as well. As we expressed above, if there is a possibility for her to recorrect this mistake with her own desire, it is best for her.
After all, if you have right to get your due through a legal way, you can do it. But if it is legally impossible to get your due back, our recommendation to you is to abstain from illegal actions.
“Then shall anyone who has done an atom's weight of good, see it! And anyone who has done an atom's weight of evil, shall see it.” (Quran: 99:7-8)
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