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Fatwa CenterEldest brother took over all the property after his father’s death
Question
Salam o Alaikum My question is that my eldest brother took all charge of properties after my father death and not agree and ready to share the properties according to sharia and sunnah i personaly left this matter on the my almighty Allah that one day he will make the justice my other brother and sisters want their share anyhow now plz advise me that if i keep same brotherhood wid him this is the best way or be angry wid him i decided wat he is doing this is his deed i shud not be angry wid him and fight wid him guide me that this my decision is best or not and wat i m doing that is according to sharia or not and i tried my best to change his mind that he shud follow sharia abt properties now i left everything on Allah Jazakumollah khair. Saalam o Alaikum
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.
If the matter is as you mentioned that your brother took over all the property which is the right of all the heirs, and refuses to divide it despite the demand of those who have a right in their share, while having no excuse for doing so, then he is extremely wrong and unjust. It is an obligation to advise him and remind him of Allaah as it is confirmed that the Prophet said: “The (essence of) religion is (offering sincere) advice.” [Muslim]
As regards you willing to be patient with him and treat him kindly, then this is good, but you should continue to try to convince him to divide this inheritance. You may seek the help of any relative or friend who may influence him, as he might regain his senses and give every one his right. However, if he continues to refuse, then you may take the matter to the Islamic court. If there are some minors among the heirs, then your brother must be taken to court, if taking him to the court is the only way for them to get their right, knowing that it is Islamically permissible for a relative to sue another relative and this is not considered as cutting kinship relations.
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