Inheritance

Q: In order to find the properties which my deceased father owned, we need to conduct a deed search. Should the fee for the deed search be shared equally between all the heirs (i.e. the two sons and two daughters) or should the fee be shared between the heirs according to their stipulated shares of inheritance (i.e. the sons will pay double the amount the daughters pay)?

Q: With regard to Islamic inheritance, we are 3 sisters and 2 brothers and my mother. 

My father wants to add his sister (my aunty) as an inheritor. Can she inherit? 

How can this be done after he dies according to Islamic law (shariah)?

Q: I do not have cash on hand, but I wish and request my heirs and executors of my estate to continue with my donations and qurbaanies after my demise. 

Presently I receive income from different sources. Some quarterly/ some bi- annually/ some annually. 

The main income will begin after my demise. I will Insha Allah receive a monthly income for the next ten years (i.e. 120 months). 

I make a bequest of just ten percent of my gross income to charities and qurbaanies etc. 

After my demise, whenever any money is received, ten percent is to be separated and accumulated and then distributed, mainly in Ramadhaan, Eidul Adha, and whenever funds permit (mainly to building projects/extensions/renovations etc. of mosques/madressas etc. Surplus funds can also be distributed to needy family members, religious institutes etc. as per executors discretion. Is this okay?

Q: 

1. Is it compulsory to have 2 witnesses for a will? 

2. If one witness is given the will to sign 3 days after the testator drew up his will and the other witness was given to sign a month later is this valid?

Q: 

1. My mum is deceased 3 years. In her inheritance, she has left behind a business. I want to sell my share of the business. The executors say that I have to sell it in the family and not to any outsider as its a family business partnership and part of the estate. Is this condition valid? 

2. Do they have the right to stipulate the price or can I sell it at a suitable price? 

3. As far as distributing the estate, how long does one have to wait, as the executors say that they have received monies from the deceased investment but are still investigating details.?

4. Is there any punishment or effect on the deceased if there is delay in winding up the estate? 

5. Is the inheritor being difficult or disrespectful in requesting their share of inheritance?

Q: I will be receiving about R50 000 in inheritence. 

I am married with 4 kids but my husband doesn't always provide. I work, and earn a basic salary and most often I am paying for my children's clothes or treats etc. 

I want to give 10% of my inheritance in charity, however I do have debts to pay and most of the time, my money is all finished and I can't buy myself anything. 

Is it better to give out the amount as sadqah or better to pay off my debts and my zakaat which is due and keep the rest as an emergency nest.

Q: My father wants advice regarding his will. 

He wants to know if he gave his sons their shares while he was alive, does he needs to include the sons in the will if they have received their shares already? He has not given his daughter's their shares yet, only the sons. 

And is the ruling the same regarding the distribution of assets for the father and mother to the children in the will?

Q: A person passed away, and his wife is alive and decides to sell the family property. She has 3 daughters and 1 son. How is the money from the sale distributed. Does it belong to the mother?