Inheritance

Arrangements and contracts of a property owned by the heirs of the estate

Q: I would appreciate a brief Shariah ruling on a family property matter. 

An unmarried adult daughter occupies three commercial shops belonging to a family property, which she uses for her medical practice. Her father allowed this during his lifetime, but he also charged her rental at certain times. He has since passed away, and the property has devolved to the heirs. 

She is financially self-supporting, has her own home and other assets, but maintains that because she is an unmarried daughter, she is entitled to continue using the three commercial shops rent-free after her father's death, in addition to receiving her Islamic inheritance share. 

Is there any Shariah obligation on her brothers/co-owners to provide her with these commercial premises rent-free? Or should she pay a reasonable market-related rental for the shops like any other person occupying family-owned commercial property?

Gifting the house to one's son in one's lifetime

Q: I purchased a house and, during my lifetime, gifted it to my son. I completed the gift (Hibah), and full possession and ownership of the property were transferred to my son, with the property registered in his name. 

My question is: After my death, will this house still be considered part of my estate tarikah) and subject to Islamic inheritance laws, or will it remain my son's sole property since I gifted it to him during my lifetime?

Heir forfeiting their share of inheritance

Q: During the process of winding up my father’s estate, my sister accused one of the other heirs of stealing their father’s money. The said heir was very upset over this accusation. Hence, this heir forfeited their share of the inheritance in the estate.
Few years later, my sister retracted the accusation and apologized. She also stated that if it was due to her that the other heir revoked their share of inheritance, then she is ready to negotiate a way to give back that share of inheritance. This however did not materialise till this day.

Please advise if the forfeiting of the share, under the circumstances concerned, were valid and binding? If yes, who should that share be given to?

Paying for a deed search to find the properties the deceased father owned

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)?

Partner buying off shares from partner's children after partner passes away

Q: There were two brothers owning a business 50% each. One brother passed away, they distributed the inheritance of the business in percentages. e.g. 10 percentage to one person, another 5 percent to another and in this way they continued to receive a profit from the business. Now, the other brother wants to forcefully buy out the other portion which belongs to the deceased brothers children and wife. 

1. Is it permissible to distribute the inheritance in this way that without dissolving the business people are giving a share? 

2. Can the brother forcefully buy the other portion of the business?

Making a bequest that a portion of the profits from one's investment should continuously be given in charity after one's demise

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?