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Fatwa CenterWants to sell her deceased husband's house against his written will
Question
My mother-in-law remarried after her husband died. In his Will and Testimony states that my husband inherits the house. But now that she has remarried, she wants to sell the house. By Islamic Law as far as I'm concerned, she is not allowed to sleep in the house with her new husband and as it states in the Will. But she is still living there and her new husband sleeps there every second night. I want to know can she do that? Can she sell the house even though it was left to my husband in his father's will? Should we allow her new husband to sleep under our roof, knowing that we going against the Will of my father-in-law? Kanalah, I really need answers to this as she is ready to put me and my husband out on the street because she is still under the impression the house still belongs to her. My opinion, she gave that right up the minute she remarried!
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
Your father-in-law's will to his son is a will for an heir and the Prophet 
said: ''Allaah has given each one his right and there is no will for an heir.'' [Ahmad] So, a will for an heir cannot be implemented except with the permission of other heirs. Your mother-in-law has the right in the house and other inheritance that her deceased husband left; she is entitled to one-eighth of the inheritance. However, she has no right in preventing her son from inheriting his father, be it from the house or other property.
It is an obligation on everyone to fear Allaah and abide by His Law, and divide the inheritance according to the Islamic Law. Nonetheless, an heir may renounce his share of inheritance otherwise the inheritance should be divided according to the Book of Allaah and the Sunnah of the Prophet .
We advise the heirs to take the issue to an Islamic court or to the nearest Islamic centre in order to study the case and divide the inheritance. We also advise you, dear questioner, to support your husband in being kind and dutiful to his mother and fulfil her rights on him.
Allaah Knows best.
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