The reader says, "My older brother exceeded the age of eighty years, married more than once and God did not give him any offspring, then finally he married a widow, and she has a daughter from her first husband. God has given him good and abundant money and lots, real estate and lands, but God has determined that he should be sterile And his wife tried in the first years of marriage to persuade him to write her daughter in his name, which he tried but he could not, so he took care of her upbringing and caring for her since her childhood, as if he was one or more daughters, and he married her and bought her a house, and she has a number of children.
And he adds, "Six months ago, my brother got cancer, and the disease kept him from practicing his life, especially with his old age, and the disease increased over him in the recent period, so he became bedridden, then his wife and daughter took him to a hospital two months ago, and he is still being held for treatment so far. ".
He continues, saying, "I am a man according to my current status, and I have children of employees, but we do not communicate to the degree of the richness of my brother, and I fear that my brother's wife persuaded him to relinquish his property to her and her daughter." He asked, "What if my fears were fulfilled and indeed my brother had ceded all of his property to his wife and daughter?" Is legally my right to be lost in my brother’s estate after his death, may God prolong his life? Or is there another way to obtain my right from the inheritance? ”
In response to the reader, legal advisor Dr. Youssef Al-Sharif says that your brother's attempt to register the girl in his name, which is known as adoption, is not permissible in our Islamic law, and this is what the UAE legislator has gone through to prevent adoption, and likewise, in the case of your brother, the provisions of incubation regulated by federal law do not apply. No. (1) for the year 2012 regarding caring for children of unknown descent, because the girl is known to have descent, and in this case the step is called by the stepdaughter according to Sharia, so she does not have the right to inherit from the inheritance of her stepfather, because she is foreign to him, but he can recommend to her within the limits of a third of his estate if he loves Or if he did before his illness.
As for your question regarding your brother's assignment of ownership of his property to his wife and stepdaughter, it is legally possible for detail to differ according to the date of your brother’s illness, his medical condition, his degree of awareness and his awareness, if the disposition of one third of his money takes his waiver and his disposition is the rule of the will, and he must correct this waiver even if in Death disease.
And if he had all his money or more than a third in the following cases - shortly or long before his illness, then it is valid if it is a donation without a pause on the heirs leave meaning that does not require your approval, but the will depends on the heirs ’leave while it exceeded the third.
Likewise, in the event of his illness, and he remained ill for a period of more than a year, his behavior is correct, and if he was in the event of his illness and died within a year, but not because of this illness, as if he was hit by a car and died, then his behavior is also correct, and in all cases the heirs may appeal the gift by nullity if it is with the intention to deprive them Of inheritance, circumventing the provisions of inheritance.