Inheritance

Estate distribution

Q: My mother passed away leaving behind the following family:

- A husband

- 2x daughters (both unmarried)

- 2x sons (I am married, and did not have children at the time of my mother's passing, while my brother is unmarried)

- 2x brothers (both married with children)

- 1x sister (unmarried)

1. Do my uncles' family members inherit from my mother? If so, I will send you the number of nephews and nieces.

2. How will the estate be distributed?

3. Certain items in the home (such as kitchen utensils, bedding, etc.) were purchased by my parents (mostly by my father), and used by all. At the time of purchase, the items where not designated a specific owner. In most cases, my father's intention at the time of purchase was that these items are for use by the household. How should we handle these items when winding up my mother's estate?

4. Is it permissible for the heirs to mutually agree to give more to a certain heir to due financial conditions?

5. Similarly, is it permissible for the heirs to decide to donate certain of my mother's clothing?

6. There are a few items of jewellery. To avoid dispute, is it permissible for an heir to 'purchase' this jewellery, and distribute the monetary value as per the distributions from question 2? Is the mutual consent of all heirs required for this?

7. Any other information which will assist.

Inheritance

Q: I wanted to ask a question regarding Islamic will as my dad wants to write his will. He currently has two properties, first one in uk which is on my father's name and the Second one in pakistan which is on both my parents names. Alhumdulilah both my parents are alive. We are 4 brothers and sisters, i.e. 2 brothers and 2 sisters. 3 of us are married and my younger brother is single. Elder brother has 3 children (2 daughters and 1 son). The rest have no children. Can you please guide us on how the wealth will be divided amongst everyone. Who will receive a share and who won't?

Who is responsible for damages to a rented house?

Q: A brother and sister had two parents living in city A. At 16, the sister left and moved to South Africa where she ended up living, eventually getting married, having children and owning a business. Alhumdulillah, very successful. The brother stayed in city A, and ended up staying and living with his parents, until they were old and both died. Both parents had very bad health issues, were disabled, and it was a very challenging last few years. He is a teacher and recently married very late in life. The inheritance of both parents were equally divided to both children, while they were alive to, 1 house each. While the mother was alive the rental income from the daughters house was her income, while they lived in the son's house. After the parents death, the tenants of the daughters house were removed because of no rent payment. The house was in complete disarray and broken and dirty inside. Now, we are trying to determine who pays for the damages? There is no money left from estate.

Will a foster child inherit from foster parents?

Q: When I was born my mother was mistakenly given a Muslim baby boy (someone's else's child). She fed him once, then fed him again. She realized that she doesn't "like" this baby and called for the nurses. I was born pre mature so I was in the incubator. My father took down their address as he becomes my foster brother and I cannot marry him. We have no contact with him, have never met or seen him. We would like to know if he will now inherit? (since my mother has fed him two full feeds unintentionally) If he does inherit does he inherit from my mother and father?

Inheritance

Q: My grandfather died 22 years ago. He left behind a big house but the property was never distributed among the heirs. My grandfather has 5 sons and the eldest one (my uncle) used to live in that house with his wife and sons. Now my eldest uncle has died and my other uncles are planning to dispose off the property. I would like to know if the wife and sons of my deceased uncle inherit from this property.

Inheritance

Q: My mother has only four daughters and no son. In preparing her will, my father and the four daughters are her primary heirs. She also has two sisters and two brothers. Are they entitled to an inheritance from her? If so, what will the distribution be among all her heirs?

Inheritors wishing to waive their right of inheritance

Q: A man dies leaving behind no biological children nor parents. He had 10 siblings and many nephews and nieces. He did not have an Islamic will and wished to distribute his estate to his siblings, nephews and nieces. He is currently survived by 40 people (3 brothers, 1 sister and 36 nephews and nieces). His siblings wish to waive their shariah rights and distribute the estate equally among all 40 individuals. The main reason for this is to maintain and improve family ties among all. Would this be in order?

Inheritance

Q: My father made his will in September this year and in the event of his death my brother gets my father's assets. Unfortunately my brother passed away on the 04/10/2017 and my father also passed away on the 23/10/2017. My late brother is not married legally in court and did not have a will. My brother's wife has my father's title deed and will and doesn't want to give me anything that belongs to my father. Please advise what needs to be done in this situation.

Property distribution

Q: My father has passed away and has left property behind (house, animals, some cash) please guide me regarding distribution among siblings. The following details might be helpful for you:

1. My grand parents are not alive (brothers of my father are alive and have childrens)

2. My father already shifted the house on my name in his life (because he did not want to distribute it to other share holders)

3. I have mother and 3 sisters all of them are married and two of them don't want to share property (voluntarily)

4. My step sister under 18 years she lives with her mother (my step mother who was divorced)