Inheritance

Inheritance Question

Submitted by admin on Wed, 2012-10-10 08:35

Q: I wanted to ask a question regarding inheritance. My father wrote a will many years ago , he has since passed away a few years ago and now only we are selling his house which is his only assett left to 2 daughters (me and my sister ) and 2 sons (my brothers). In the will it states me and my sister should each recieve 1 8th share each and my brothers and my brothers 3 8th shares each. This would mean my brother get triple our share. I know according to shariah my brothers should get double and not triple and im not sure if my father made a mistake or it was intentional as he was a practising muslim. So should we split the shares according to shariah or according to his will as i want to do the right and dont want my father to get the sin of distributing his asset wrongfully.

Inheritance Question

Submitted by admin on Wed, 2012-10-10 08:00

Q: If a widow has only one daughter - and when she passes away, would her inheritance be given only to her or would it be divided between the deceased's daughter and the deceased's brother.  If so, does this still happen if her brother is very wealthy in comparison to her daughter.

Why divide the estate into 48 parts?

Submitted by admin on Sun, 2012-10-07 06:41

Q: I read a recent question posted on mufti's website called "inheritance question", in it mufti divides the estate up into 48 parts for 6 heirs, is there any particular reason for that? Because I have seen other mufti's also dividing the estates into 48 shares, so I just wanted to know if there is some reason behind it.

Inheritance Question

Submitted by admin on Sat, 2012-09-29 15:37

Q: A deceased is survived 2 wives and their respective children. With the first wife, the deceased fathered 2 sons and 1 daughter. With the second wife, the deceased fathered 1 daughter but the deceased and the second wife also have an orphan boy aged 6 years whom they adopted when the boy was orphaned at birth.  Furthermore, the second wife also has a son from a previous marriage.  How should the estate of the deceased be  distributed. The Will of the deceased merely states that his estate is to be dealt with in terms of Islamic Law.

Executor's remuneration from the estate

Submitted by admin on Tue, 2012-09-25 15:28

Q: A Muslin attorney is the duly-appointed Executor in a deceased Estate.  Is it permissible for the attorney to charge the estate of the deceased executor's remuneration as prescribed by law i.e.  3.5% of the gross value of the estate or should he waive the executor's remuneration and only charge the estate actual expenses incurred. Would it make any difference if the estate in question is that of close relative?

Making up an Islamic Will

Submitted by admin on Mon, 2012-09-10 09:12

Q: My father in law is very sick, and he wants to retire from work, he wants to make up his will now because he will need major surgery soon, he wants to give my mother in law 50% and my husband 50% of his provident fund and of his house. He had three sons, two of his elder sons passed away, and my husband is the only surviving child. Both deceased sons have a 1 daughter each, they both married non-Muslim girls and when they passed away their wives went back to their religion and also changed the children. My in laws have no access to the children, and only visit them when their mothers allow them too. My question is,  do these children also get a share in my father in laws will as their fathers were also heirs. Please advise what is the sharia compliant share for all these heirs, as we do not want him to be answerable for making an incorrect Islamic will.

Inheritance Question

Submitted by admin on Sat, 2012-09-08 08:47

Q: The mayyit leaves behind 3 daughters 2 grand daughters (sons daughters) one haqeeqi brother 2 haqeeqi sisters and one akhyaafi sister. Who will inherit and how much would they inherit?

Inheritance Question

Submitted by admin on Tue, 2012-09-04 09:06

Q: A widow lady is having 5 daughters. Her father died some 27 yrs back. Now after her husbands death she has been asking for her TARKA property from her brother and sister, as she wants to distribute it amongst her 5 daughters(of which 1 married and other 4 unmarried)in her life time, as nowadays she is not well.But she has been said continously that her part is certain portion and that she can do anything wid tht part. now since the lady is herself widow and old suffering from heart ailment and also she cant do the official work so then how she can distribute it amongst her daughter. Since she had been told by her bro and sister do anything with ur portion, can she distribute it amongst her daughters in her  lifetime. So that after her no body cud claim from her portion?

Inheritance Question

Submitted by admin on Sun, 2012-09-02 08:43

Q: I want to know that after me who will inherit my property? I leave behind my 5 daughters, my mother, one sister and one brother.

Inheritance Question

Submitted by admin on Sun, 2012-09-02 07:48

Q: My father died 25 years back leaving behind his wife (our mother), 3 daughters and one son. 

  1. How will be the estate divided?
  2. I am asking my brother to divide the property and give my share to me but he is not doing so. I have 5 daughters. My husband has already died. I want to give my share to my daughters only in my life. What can be done? Is it possible to write will?

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