Inheritance

Q: The purpose of this email is firstly to educate myself on how to cope with such a dilema and how I could sit down and advise my father on what has happened and InshaAllah he can put this particular issue to rest. These things are constantly on his mind which is affecting his health, basically he needs closure.

The estate in question is of my uncle, my fathers brother. He left behind no children, a widow only. His widow was the executor of his estate. She distributed the estate to herself on the basis my late uncle gave her everything he owned two days before his death. She has a fatwa from a respected mufti that what she did/is doing is correct, Mufti's fatwa was correct on the information he was provided but does not tell the whole story.

My uncle passed away from cancer, he suffered before his death. In my personal opinion he was not in sane state of mind in the weeks before his death. He verbally abused my parents when they visited and even stated openly to everyone he will not let my father inherit from his estate. So our family accepts that his living request was not to distribute his estate according to Shariah. And we have no control over his estate as we were left out of consultation when it came to this matter.

Her defense is Mufti's fatwa says everything is done according to Shariah. Apparently there was witnesses to my uncle verbally giving everything to her in that two days before his death, but no one willing to come forward.

My father is very upset in the manner in which his one and only brothers estate was handled, for example he was excluded from the will reading etc... My father accepts the facts that his brother did not want him to inherit. Also he has no intention of claiming from this estate, besides him having no legal claim whatsoever. All he wants is clarification on the events leading to the conclusion that his brothers estate is done islamically according to Shariah. Verily Allah (swt) knows best.

My father is very strong headed when it comes down to whats right and wrong. The amount of disunity in the family this has created is very sad... Two questions I may ask please...

1. Please advise me what advise i can give my father on dealing with this matter as it is not healthy for him to carry on like this.

2. Based on the Above events, taken into account everything is done according to Shariah, does my uncles wife have the right to claim his full share from My GRAND FATHERS estate.

Q: Estate of deceased father:

1. (Father- passed on in 1979) left one immovable property in his will currently valued at R1,495m.

2. The will made provision for his wife (passed on 2001) to have use of the property until the day she passed (usufruct) and left the 11 siblings as the owners of the property (bare dominium) - to either sell the property after the mother passed on and/or if the heirs agree to do so. (Is this clause permissible in Sharia especially in light of their now being a dispute regarding the sale of the property)?

3. 1 Brother and family lived in the house since 2000 to date as well as another two-sibling’s; a sister (unmarried) and brother (mentally retarded passed on in 2016).

4. Neither of the siblings living in the house has ever paid rent, but the sister who used to work maintained the house and the brother who resides in the house with his family has made extensions to the house to accommodate for him and his family.

Family dispute:

1. The two oldest living brothers currently want to sell the house of their deceased father and wind up his estate according to Sharia law of Inheritance.

2. The other 4 siblings are disputing the sale of the house. Reasons being

– Brother who has built on refuses to move with family.

– Unmarried sister refuses to live with any other brother & family.

– Youngest brother feels he needs to protect brother living in house.

– Other sister refuses to get involved and does not want to offend sister.

3. Did the mother have the right to grant consent to her son to build the extension without the necessary consent from the other siblings who were the true owners (bare dominium) of the property by way of inheritance?

Possible discussions of sorting matter out:

Brother residing in house wants to be compensated for the extension in addition to his share of inheritance? (Approval was not sought from all the heirs and no agreement to the extension, also he has never paid rent.)

Sister who resides in house wants to claim compensation for looking after mentally retarded brother and mother all the years hence wants her share to be increased accordingly? (Even though she claimed all the government subsidies of both).

The 4 siblings want the property to be sold to the brother’s daughter (who resides in the house with her father) at a below market value, and she can only afford to do so in the next two years. They also offered the two brothers wanting to wind up his estate their share of the inheritance and thus only settled the remaining heirs at a later stage (approx. 2 years), remaining heirs are widows and children of diseased brothers.

Can such an offer be made or accepted? Brothers wanting to wind up the estate are being treated ruthless, its affecting their health and they at a stage where they feel like giving up. Please advice accordingly.

Q: My dad has given the house to my mum and brother while he was alive... however this was said verbally in front of those residing in the house.

My question is, does the contents of the house form part of the estate such as the fridge, lounge, table and chairs, etc. (He was the bread winner of the family).

Q: I would like to know the ruling on wills from non-Muslim parents. I understand that one cannot recieve any money or possessions stipulated in the wills of non-Muslim parents unless it is less than 1/3, but if the will stipulated that the living parent gives the money or possessions throughout the life until it is paid is that permissible?

Q: Can an heir be an executor?

Q: I have an elderly relative, who is unmarried, and whose closest family is her niece and nephew, and their children. These are her niece and nephew from her deceased sister. Beyond that she has cousins, and more distant relatives only.

She has asked me to get her an Islamic will, and advise her as to how the estate should be administered. I think she has the intention of leaving everything (or most of it) to her niece, who is struggling financially. Would this be permissible?

Q:

1. If a person passes away and he has a debt of R1000 and his total savings are R1500, should the debt be paid off first eventhough it's more than 1/3 of his wealth and then R500 that remains be divided into 3 portions and fulfill the will from the 1/3 of R500? 

2. And when paying for the funeral expenses, if it totals R100 for instance, will the R100 be deducted from 1/3 of his wealth or will it be paid first and then his savings be divided?.

Q: My mother has passed on. She's left a house for us. We are three brothers and one sister all with equal shares in the house. Who has first option to buy the house. My mother wanted her son in law to have first option but did not discuss this with all of her children. 

Q: I am a widow and mom of very small twins boys. My husband died almost 3 years before. My husband was elder son and all his life he worked for his parents and brother and sister. Now my in laws have good life. But after my husbands death they always accused me and hurt me with backbiting. But still I kept relationships with them. Almost 2 years before they started accusing me for the death of my husband and they started saying that I am responsible for my husbands death. But it is not true. My husband died with cancer and his own family has multiple history of cancer.

My husband was treated a very famous hospital but he died after a few months and my in laws are holding all our properties and they even didn't pay for my husbands debt. I am a widow and stay at home mom because my boys are very young. I do all work for them . My in-laws don't help me but they hurt me. I paid all my husbands loan because I know otherwise he can't make it to paradise.

My husband was very good Muslim and person. I love him a lot. He was happy with me and me also happy with him and my husband did every single responsibility for my husband family but now they forgot everything. They hurt me very aggressive way . They didn't give me a single penny for us but my husband all properties they are keeping for themselves and they even don't feel any bad to keeps my husband properties.

I work very hard to raise my boys as a single mom and it is very painful because as a young mother I don't have any support. My parents also died .

My question is .. my in law very aggressive to me and they hurt me very painful way and it is a lots of painful for me to handle this pain . Now I try to stay keep myself away from them to heal my pain..,what Islam say because they holding my orphans property and hurting me very ugly way . I told them to return my properties and after returning our properties if they want to keep relationship with me I am ok with relationship with my boys blood family...what does Islam say .i mcan't handle my pain the way they hurt me and they are not interested to return my properties. I am a woman. So tell me where is my mistakes . I do practice a good Muslim religion.

Please advice me if they don't help me can I keep myself distance because my sisters in law very hurt to me and I am scared about their rudeness and abusing talk .somethimes i talk to my late husband some relatives who are nice to me because i know kins relationship is important .Advice me what should i do.

Q: We want to know, after the death of my grandfather,who has the right of the property? Is it for his grandson since the son has passed on also?