Inheritance Question

Q: Queries related to Inheritance:

Scenario - A man left behind his wife, 3 daughters and 1 son after his death. He left behind a plot in which from one side a house is built and another side is vacant. Now this property is up for distribution among all the stake holders of it; however the same property was used as source of income in various different ways till today by his wife and son for 20 year (approx). Till date the maintenance charge of the property was born by the wife and son only.

Question 1 - The Total income earned by the property should be declared or not in front of man's daughters? Whether it should be divide equally or not?

Scenario - The wife is also getting pension till date as her husband was a retired government officer.  I believe she is fully entitled to use this money for herself.

Question 2 - However, If she is left with some part of this money then whether she is entitled to give this money only to his son or equally divide this among her children?

Scenario - The mother wishes to distribute her part of the property and give it to her son and 2 daughters (as the 3rd (youngest) daughter is dead now) which she has received from her husband's inheritance.

Question 3 - Whether she should divide this in 2:1 ration or she should divide this in 3 equal parts as this is a gift not an inheritance?

Scenario - The wife has also received property from her parental side in inheritance.

Question 4 - Is she entitled to give this property only to his son or she should divide this equally among her children?

Scenario - In last few years the wife is not keeping well and the Son is taking full care of her as she wishes to be with him. She is also totally
dependent on him because of her illness. 

Question 5 - Does this scenario changes anything in the distribution of the property? If yes then in which sense or case? Please give an example.

Question 6 - If the 2 daughters feels that her mother's (earlier referred as wife) decision while distributing her own property is being influenced by her Son as she is living with him and totally dependent on him then how to proceed further?

Scenario - The Son who stays with his family and Mother at the same place is not ready to sell his part of the property. He wants to keep the full house however the daughters want to sell their part.

Question 7 - Now if the Son decides to keep his part; the property will be sold in pieces which will reduces the total value of the property and the daughters will get around 20-25% less value for their share. Is it correct?

Question 8 - Do we need to consider the value of the house as well while distributing the property as the house is going to stay with the son only?

Scenario - The Son is claiming the full house which is built on the same land as he is staying there from the beginning with his Mother. Total
property 97x78=7566sq.ft. , Son’s share 3222.82sq.ft. (Including the share given by his Mother from her share), built up area of the House is
61x40=2440sq.ft. 

Question 9 - Now if the Son takes this house then he will take that part of land which will be in even* rectangular form and because of this the daughters will be getting the part of the land in uneven* rectangular form which will further reduce the value of the land for daughters. So how do we distribute this property? 

Question 10 - Selling the entire property will give all the stake holders full value of the property as well as the property can be divided equally to all the stake holders as the distribution will be done in the form of money. However it is next to impossible to divide the House (built portion) & empty portion of the land equally among the stake holders of the property; 2 out of 4 stake holders are planning to sell their portion. The 2 stake holders who wants to sell has 40% (approximately) stake in the total property. Also there could be discrepancy because everyone will try to take the front portion of the land i.e. facing road side as it will fetch more value.  Please advise how do we proceed further.

A: 

1. Since the estate is going to be winded and distributed the net value of the estate should be announced. When winding estates there should be full transparency so that no heir feels that he is being cheated. Their full shares must be given to them.
2. She can give it to whoever she pleases. 
3. If she is giving in her lifetime then it is preferable that she gives it equally, unless there are some very valid reasons for preferring one over the other.
4. As above.
5. As above.
6. As above. 
7. The daughters have got the right to dispose of the property as they wish. If he does not want them to incur a loss he should attempt to buy their shares out.
8. Yes. 
9. He does not have any right to make any claim on the house. Every asset of the deceased is part of the estate and the estate has to be divided equally in accordance to the their shares stipulated by the shari`ah. Hence, no single heir has the right to make any claim of any particular asset.

And Allah Ta'ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)