Thursday, November 23, 2017 - 5 Rabi' al-Awwal 1439

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When my mother died, my father gave her jewelry to my sisters because men don't wear jewelry. The same happened with my father's gold watches. Is this legal?

When my mother died, my father gave her jewelry to my sisters because men don't wear jewelry. The same happened with my father's gold watches. Is this legal?

Answer

If the case is as mentioned in the question, the mother's gold and the father's watches are included in their estates which must be divided among all the heirs. No one from among the heirs is to take exclusive possession of anything in excess of their rightful share except with the consent of rest of the heirs.
The son is entitled to his proportionate share in the gold jewelry and watches provided:

- The mother did not, during her life when she was in full possession of her mental faculties, bequeath the gold exclusively to her daughters with a valid and acknowledged bequest that does not exceed one third of her estate.
- The father did not bequeath the watches to his daughters or to their husbands with a valid and acknowledged bequest that does not exceed one third of his estate.
- The inquirer did not receive a compensation for the gold jewelry and watches which his sisters took.

And God the Almighty knows best.
 

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