Inheritance

Selling one's share in the business obtained through inheritance

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?

Settling one's debts before giving nafl sadaqah

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.

Distributing one’s inheritance during one’s lifetime

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?

Leaving behind in the estate a house built on waqf land

Q: My Mother passed away leaving behind a house on a Waqf land which she rented. The land is such that we rent it for R5000 per annum. Then we have the option of building whatever we want. Now that she passed away leaving behind 3 sons and her husband. Will the house form part of her estate or not? 

Please provide references from the Hanafi Mazhab as one of the brothers is very adamant on following the Hanafi Fiqh. 

Some other Mufti mentioned that in Hanafi Fiqh, such a house built on this kind of Waqf land will not form part of the estate as such, rather the value of the house in the form of rubbles will be calculated or something like that.

Distributing the land in inheritance when one heir built a structure on it

Q: I built on my mother's property with her permission, my sibling doesn't want to compensate me for the improvements. She say that I occupied it for free for many years. 

My Mother is late. I have one sibling (sister) we and are heirs to the property. 

What is the Islamic ruling on this? Does she have a claim on the building that I erected with my funds and the proceeds that come from it or does she have a claim only for the land that the building was erected on?

Distributing land among heirs which has a house built by an heir on it

Q: My father has a wife, 2 sons and 2 daughters. He wants to prepare a WILL explaining how the house shall be divided/inherited when he is not alive. 

He purchased a single story house in 1987. My brother demolished this house to build total 3 floors (including ground floor was rebuilt) in the year 2007. There was no discussion between my father and brother before this house was being built. It was a mutual decision but the amount spent for this construction was spent by my brother (around 10 lakh Indian rupees). The reason to have a big house was that brother was about to get married, so family was expanding. 

Now, the house is still in my father's name. How shall the 'WILL' be prepared ? I am another son of my father who is asking this question.