Inheritance

One brother claiming more from father's estate

Q: I have a question regarding hibah and wirasat.

We are 3 brothers and 1 sister, my father did all our marriages, but he spent a little more in our sister's marriage. Now my father is no more in this world, so one of my brother's is claiming that since the expenses for my sister's wedding was more, he is claiming for that much more share in the wirasat.

Kindly let me know the solution for this, does he have the right to claim more? If yes, then how much should he be given?

Note: Only 1 brother is claiming, the other 2 brothers are not claiming.

Distributing inheritance

Q: Kindly advise on below inheritance issue:

Marhoom left behind wife, 3 sons and 4 daughters. No will, nor any wasiyyat made (written). Marhoom left cash , car and clothes, and house behind.

1. How will estate be distributed?

2. As far as qadha rozas and salaahs are concerned, how should the estate sort this out?

3. As far as any burial expenses are concerned, how should this be taken from estate?

4. If any wasiyyat was made orally, will it have any effect? E.g. this car will go to my one son. Or this house will go to my wife. (But ownership was not handed over).

Giving blood money to one's sisters who were adopted

Q: My sisters were adopted by their grandmother and according to the law they are not my sisters, and they didn’t live with us, they lived with their grandmother all their life, my mother died in a car accident and the state gave us her “Diah” as she was killed by a state agent, now the question is, my both sisters use drugs should I give them from the Diah money as inheritance and I know they will use it fir drugs or not give them?!

Uncle unjustly taking the business of his late brother

Q: My late father had a shop and suddenly he past away. We were 4 children and I was 3 at the time he passed away.

Now somehow without my mums knowledge, by taking her to a solicitors they transferred it to my uncles name. My mum doesn't know English well enough and was told she just needs to sign for something and in a way don't ask too many questions just sign it.

Now that I have grown up, my uncle had remortgaged the shop for £95,000 the value of the shop. When I bought the papers forward and told them this shop is off my mums name and why have you taken all the money out, there gave excuses like we did everything for you and we are your fathers.

After asking for the shop for the last ten years I was getting physical abuse as well as verbal. Just last year my uncle agreed to give the rent from the shop as it's on rent. He also made a letter saying all future rental wil go to my sister in law until he pays the shop off and give it back as a gift.

Now after a year I went down to collect the rent and the person who is renting the shop said your uncle came and took the rent and said not to give it to you and from now they will collect it.

Somebody approached my uncle and he is saying that my grandfather had paid for the shop for my father for that reason the shop belongs to them. What is the right thing to do?

Requiring sound proof when making a claim

Q: My late father had a piece of land in his name. My father had no will. According to my sister-in-law my late brother gave his share of the land to her verbally, one month before his demise. My late brother was sick, he had cancer of the blood and passed away within six months. The vacant land is not in our possession and is in my father’s name till date. I requested a copy of his will and witness to confirm the above claim and I was not successful. Please advise if my late brother can give his share not in his possession. Please advise the executors and administrators as to how my late brothers share of this land must be distributed (one wife and one brother). Your assistance will be appreciated.

Distributing an estate according to an unislamic will

Q: My mother passed away not long ago (my father died 20 years ago) and she left a will that her home was to be sold and the proceeds shared equally amongst us 4 siblings - 2 brothers and 2 sisters. However, one of my brothers said he is entitled to twice the share of us sisters (other brother agrees to equal shares). I asked my local imam and he said that if a will was not made then Islamic law would be put into effect but my mum was in sound mind when she made the will and there is no problem with sharing it equally amongst us. Is this correct?