Inheritance

ربوا

Submitted by admin on Sun, 2012-12-09 11:00

س: لو وقع من الشخص اشتراء شيء (مثلا السيارة، كومبيوتر و إلخ) باستعمال التمويل الربوي من البنك التقليدي - هل الإنتفاع بهذه الأشياء جائزة لأهله و أقربائه؟ هل هذه الأشياء تعتبر جزءا مباحا من الميراث لورثاء هذا الشخص، والتي يجب قسمها بين الورثاء؟ و هذا هو الحال في كثير من الأسر الإسلامية حتى في الدول الإسلامية.

Making a wasiyyat for one's daughter

Submitted by admin on Sun, 2012-12-09 07:48

Q: We have only one daughter. According to the Shariah the distribution of property in inheritance after one passes away says she receives half of her father's wealth. However we want to bequeath the other half of the wealth to her as a gift after our demise. Is it permissible?

Inheritance Question

Submitted by admin on Sat, 2012-12-01 15:37

Q: I need your shariah ruling on the following matter. A property was sold in 2003 for an agreed sum. The seller, represented by executors and heirs duly signed the purchase and sale agreement. The purchaser paid the transfer duty to SARS via the conveyancer. To date, transfer of the property has not taken place. Some executors and heirs who signed the agreement are now deceased, thus estates upon estates had to be finalised causing indefinite delay in transfer. 

The new heirs are not willing to honour their parents signatures on the agreement, reason being:

  1. Price of property - not market related - as at today
  2. Arrear rental - some of the buyers are tenants on this property and have refused to pay the increase in rental due to the delay.

At present, papers are ready for transfer, pending the signature of a few heirs. If the seller does not honour the agreement, the purchaser is now seeking High Court ruling for finalisation.

Does the seller have any reason to dishonour this agreement? 

I seek the shariah ruling, hoping to resolve this matter.

Being appointed as a trustee of a wealthy man

Submitted by admin on Sat, 2012-11-24 15:19

Q: I have been appointed a trustee of a wealthy man. He has asked me to be responsible for his company and make sure that his inheritors (wives and children) receive their portions and give one third in charity. Please advise me. If you can recommend any reading material in english this would also be helpful.

I want a property to go to my daughter after my death

Submitted by admin on Sun, 2012-11-18 10:01

Q: I own a certain property. i have rented it out and i collect the rent from it every month, after my death, i want this house to go to my daughter,so what i did,i have decided that i have sold her the house for half a million rand and the rent that comes in every month, that is her way of paying me,and if i die before its paid, its maaf, i already transferred the property on her name?

Inheritance Question

Submitted by admin on Sun, 2012-11-11 08:49

Q: My uncle financially helped my father in buying a house in which we are currently living 32 years back without telling that he is giving loan to my father  He is living in uk  and in these 32 yrs also he never talked about this or about other money he gave to my father. Now after 3 yrs of my fathers death when we want to sell this property he is asking 50 percent of the money showing one letter inwhich my father has written to him that his name will also be in deed. But my father for the whole life told that this is his property and his brother has only helped him. 

What is sharaii ruling in this situation?

Does uncle shariatan has any right on this property?

We are ready to give if shariat says that he has right otherwise not and he is father has intentionally cut his name from the deed and so he can go to the court also. I know nothing about these things. I only that my father was not liar. What should I do?

Inheritance Question

Submitted by admin on Sat, 2012-11-03 06:59

Q: My father bought a property in 1984 in just Rs 40000. Of this 40000, 20000 was given buy his elder brother. The selling deed contains only my father’s name. For all of his life my father said us that the property solely belongs to him and he has just taken help from his brother. We are staying there. My father and we worked hard to maintain the property. My father invested a lot in 1990s and 2000s to repair it. Of course this time also he took help from his same elder brother. In 1999 my father’s elder brother wrote a letter in which he wrote that 50% is yours and 50% is mine. In reply to this letter my father wrote him that “why did you write all these in letter. If u had asked me I wud have given u full. But now my wife is angry with me.”  However my mother always said to my father “if possible give me a small house but of yours”.  In reply to this letter of my father, his brother wrote that “I have written all these only to show to my wife.” Then again in 2006 my father’s brother told I have gifted u the property (verbally).  In 2009 my father died. Now in 2012 my father’s brother is again telling us that 50% of the property belongs to him because according to him on the selling deed of the property there is written on letter “I”. And he is telling that this was my name and my mother has done something to erase his name. However there is no role of my mother in all the external works of house. And at the same time when it was asked to him that when he gave 20000 to my father did he gave with this intension that 50% share will belong to him? He said no there was no such intension; I had given to my brother without any intension. The current value of the property is 15 million. Now my question

  1. Is my uncle 50% owner of the property according to sharia.
  2. If yes (Q1) then can we claim any maintenance charge from him and how much.
  3. If no (Q1), do we need to give back the money he gave to my father.
  4. If yes (Q3), what amount of money we should give.
  5. Please do tell if any other thing which is important which we should know in this regard and I haven’t asked.

Inheritance Question

Submitted by admin on Sat, 2012-11-03 06:46

Q: After the demise of my father I came to know that even a needle is divided. My father made so many things specifically for us (we sisters) to use like bed, bed sheet, mattress, study table etc. After consulting we found that these things will also come under division. The share holders according to shariah rules are wife, daughters (05), brothers (02) and sisters (02). There is no son.

My question

  1. If all these also comes under estate, then whether the clothes and books that my father gave me to use will also come under estate?
  2. If the cloths, towel, bed sheets will not come then why the bed and all which my father made for us is not our own and comes in estate to divided?
  3. My father gave us clothes and towel, bed sheets, mattress when we were going to hostel for higher studies. Will these things given to us, will become part of estate?
  4. Under the light of above questions, what about those things that he made specifically for his daughter’s marriage purpose, though the daughters are unmarried.
  5. A few of the things my father before his death kept solely, in the name of his daughters like wise few suitcases, some utensils, beds, racks, almira, etc. These things were always used by us daughters only. Will these things also come sunder estate? If so why, because in that case the dresses he bought for us will also come under estate?
  6. My uncle helped my respected father 25 years back with some amount to buy a house.Now he is claiming 50% in that house. My uncle never did claim such during my fathers life. Now he is claiming after my father's death with us. Is he true/justified in claiming that? He himself has said many times that he had only helped my father at that time and also he was not having any "NIYAT" of having this house at that time.
  7. If some of the shareholders of the estate deny receiving their shares according to shariat rules what shall be done. My father’s brother and sister are telling that these things belong to my father and as we are his children and wife they will not accept share. The share holders according to shariah rules are wife, daughters (05), brothers (02) and sisters (02). There is no son.

Inheritance Question

Submitted by admin on Thu, 2012-11-01 06:34

Q: We are four brothers and three sisters of whom one sister is unmarried. One of our brothers was working abroad. He died 2 years ago and left behind one widow and a son of about eight years. Our parents have already died. We have distributed the rest of the property of our deceased brother. But now we have received the salary arrears and other benefits of our deceased brother in cash. I want to ask that how this cash amount will be distributed. The rest of my brothers are of the opinion that as they sponsored all the expenses of sending our brother abroad so they are entitled to receive all the cash.

Inheritance Question

Submitted by admin on Thu, 2012-10-11 07:20

Q: If a brother and sister have the same mother and different fathers, how do they inherit when the mother passes away?

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