A: The whole question is one of greed. Both the elder sister and the younger brother seem to be eager to lay their hands on as much of their parents property as possible. In their eagerness to do so, they put forward arguments that have no bearing on what is rightfully theirs and what is not. They overlook the rightful claims of their siblings and concentrate on what they feel they can achieve. This is totally wrong, because if they are eventually able to get away with more than their rightful shares, they are the ultimate losers. God will hold them to account for what they took over and above what is theirs.
The elder sister says that her brother has no right to ask her to return everything, arguing that it belongs to the whole estate. She is right, but then she needs to add that she is willing to put everything she took back into the estate and let the whole estate be divided in accordance with the Islamic law of inheritance. She cannot say, “I will have these because they belonged to my parents”, and deny everyone else their shares of what she has laid her hands upon. She should say: “Here is everything under my control, and it belongs to all of us. Let us divide it according to Islamic law.”
The younger brother cannot say that he has the right to claim it back for himself because he looked after his parents in their old age. This was his duty and he should seek God's reward for that. Its reward is not a bigger share of inheritance from his parents. Otherwise he would be claiming financial compensation for looking after his parents. This is not right.
How should the parents' property be divided among their children? The question to be answered is whether the eldest son who died before his parents had children of his own. If so, they are entitled to receive his share and divide it among themselves on the basis of one share for a daughter and two for a son. If he died before having any children, he is not counted among his parents' heirs. So, if he had children, your parents' property should be divided into seven equal portions, two for each of the two sons and one for each of the three daughters. The deceased son's share is then divided among his children as explained above. If the eldest son had no children, your parents' property should be divided into five equal portions: two for your brother and one each for yourself and your two sisters. This division applies to the whole estate, real property, business, cash, shares, furniture, etc.
The best thing to do is to have a family meeting, attended perhaps by a religious scholar, who should explain the principles of the inheritance system in Islam. He should warn your elder sister and your brother that whatever is taken unjustly is going to be a burden on the Day of Judgment. It is far better to take only what is assigned by God, because it is fair and right. Whatever is taken unfairly is a “brand of fire”, as the Prophet (peace be upon him) describes it. Who wants to hold fire in their hands?
As for the feelings of the other sisters, these are natural. However, it is action that is rewarded or punished. If those sisters go to extreme lengths to recover what they feel to be theirs, they may be doing wrong themselves. They need to be very careful. If they mar the reputation of their sister, then this will reflect on their own families. Such disputes are better sorted out within the family, in a cordial atmosphere, with everyone asking for no more than what is rightfully theirs.
However, when one heir is able to get hold of much more than their rightful shares, what should the others do? They are entitled to seek justice under Islamic law. If this fails, my advice in most cases is not to get involved in a dispute. They should state their claims and show a generous spirit, refraining from anything that aggravates the situation. They should pray to God to grant them compensation, out of His own grace and generosity. This gives them much better feelings, and protects their families from disintegration. Let them remember the Qur'anic principle: “Peace is best.” (4: 128)
