Inheritance

Q: After our marhoom father's demise a few years back, he had left the house as inheritance to our marhoom mother and us, their 6 daughters Alhamdullillah.

However, our mother sold the house last year and paid each of us our shares and she kept hers. Our mother lived with my 1 sister while she was in Cape Town and with me while she would be in Johannesburg, and Alhamdullillah we had a very good relationship.

Now, since our mother is marhoom, we discovered that 2 of our siblings had taken a loan from our marhoom mother (inheritance) a few months ago, but our eldest sister without knowing how much exactly it was, she felt the need to make mashwurah with us the same night of our marhoom mother's demise (astaghfirullaah) and asked, if we can all agree to forgo those 2 loans (as sadaqah) to our 2 siblings, and pay whatever is the outstanding doctors bills, etc. from our marhoom mother's inheritance (which our mother still had from our marhoom father) then whatever is left, each of our 6 sisters must share it equally including the 2 siblings who have taken loans from our mother of more than R20 000 each (as we are only girls, we are aware that our share should be ⅔ each). Although my 1 sister insists she wants to repay the loan but our other sister seems to still want to keep that as sadaqah and still expects to receive a share from the inheritance. She's not saying it outright though but when I confronted her asking how much exactly she took as a loan, I was really disappointed that she took such a big amount as a loan from our marhoom mother knowing she's a pensioner, although she kept her inheritance separate. I even asked her, how could you take such a big loan from ma but yet each of us received our inheritance already and she said that ma agreed when she showed ma the proof why she needed it (her 2 boys school fees).

She got very upset crying and hung up on me and refused to take my call again after I attempted to call her again. This is heartbreaking that it's come to this as our parents have always been fair with all of us, no matter what.

Mufti, I respectfully ask, what is the Islamic way of dealing with this as my sister is very angry with me for questioning her about it and that I told her it's not fair towards the rest of us if she walks away with that loan and the other sister is paying it back? With all due respect, it's not as if she cannot afford to repay it. Please correct me if I'm wrong and guide us how to handle this with the qudrat of Allah Ta'ala.

We are a very close-knit family but I'm afraid this has now left a bad taste in our mouths. We have to do this the Islamic way.

Q: A lady passed away a few weeks ago and left behind a will which was not an Islamic will.

1. What will be the consequences to the deceased if her estate will be distributed according to the will she left behind?

2. Who would be responsible to ensure that the estate will be distributed Islamically? If the heirs decide to go ahead with the distribution according to the CURRENT will, what will be the consequences?

Q: If my father's will is made out to be distributed according to the shariah, and I am an illegitimate child, then can my siblings give consent for me to receive a share?

Q: My mother passed away this year and left behind her house which she gave to me while she was alive (verbally) and at that time, it was accepted by my siblings, now after my mother's death, they have changed their attitude and claimed their right of inheritance.

1. Is their claim valid?

2. My eldest sister is living in the house as her house is being renovated. Should she be paying rent?

3. The property collects rent which they have been collecting and I have requested my share in the rental, is that correct?

4. Can I be denied my right of inheritance because certain family members dislike me?

5. My father passed away when I was 6. He left a Kruger coin for me which I left with my mother, after her death, my sister is denying it to me and says that my mother left it for my sons, is this correct?

Q: There were two bank accounts at the time of my husband's death. We both had a joint account and there was another account which he opened on my name. He always use to refer to this as "your account" whenever he would make any deposits to this account. I understand that the joint account is part of the estate. I want to know if the other account which is in my name will also be a part of the estate.

Q: My wife has passed away. Her heirs to her inheritance are: I (Her husband), three daughters (who are in S.A). Other heirs are: her brother and sister who are in India.When I told them about their share of inheritance and asked for their banking details they insist that I should give their shares to my three daughters. Is this permissable?

Q: What should be done if a person dies with an un-Islamic will? The will specifies its own heirs and the shares for each person with no Islamic principles adopted. Non-heirs, according to Islam, are included also. What should be done in this case?

What about the the 1/3 available for bequest. Can the Islamic heirs agree on how to distribute this on their own through mutual agreement?

Q: Please advise if it is permissible for a sibling to ask another sibling for rental on an inheritance property during the time of winding and transferring the property?

Q: The deceased had a living annuity where his pension was invested after he retired. There were two investments, one to offset the tax and the remainder for daily living expenses.

The investor split this into four:
Oasis Crescent Equity 10.000%
Futuregrowth Albaraka Equity 10.000%
Excelsior Shari`ah Balanced 25.000%
Oasis House View 55.000%

Question: Is the payout from the deceased estate, which includes above investment values, free from any doubt? If not, if one is inheriting from this estate, what should be done with the money? Is the payout Zakaatable or should all be paid as if it is Interest?

Please advise...

Q: My father has a property which is on my name. My father gifted my mother a yearly amount from the property over many years when she was alive which was solely for her use. My father is unwell, and is not capable of signing and making decisions because of his illness.

We are 4 children (1 son and 3 daughters). 1 son passed away years before my mother, leaving 1 grandson. Now my siblings want the yearly income that is currently generated from the the property, as they feel their mother used to receive it previously and it should now come to them. Is this money due to the children with my father alive?

What should be done with this money? Should it be put back into the business or be shared with the children? Should the money be put into a trust while my father is still alive? What is the best advice you can give in doing the right thing?