Inheritance

Inheritance

Q: My father in law has four children two daughters and two sons. His eldest daughter died leaving behind three children, two daughters and one son. Her children are all married now. My mother in law is alive. He wants to know do the children of her deceased daughter inherit their mothers share in inheritance. He is survived by his wife two married sons and one married daughter. How will his property be distributed to his wife and children according to Shariah after his death.

Inheritance

Q: A sister is the only sibling left as her mother and father had passed away. All her 3 brothers and 4 sisters have passed on also. All her 7 siblings (brother and sisters) have children consisting of boys and girls . They are 10 " cousins". Her father married a second wife who also has 2 boys and 3 girls. The sister is 70 years old and wants to know who will inherit from her? She has no husband and no children. As she has only left the children of her brothers and sisters born of her mother's womb - first wife children's children. Are they the ones that will inherit? Will the 2 boys and 3 girls of the second wife inherit as they are also deemed her siblings (her brothers and her sisters) as they have the same father. They are all alive - all 5. Will they inherit? Please advise.

In short:

Wife 1  and all other children deceased- only this sister alive.

AND her siblings children is left and alive.

Wife 2 - 2 boys and 3 girls alive.

Inheritance

Q: Kindly guide us through the following issues and questions.

• Family members are made up: 1. Father 2. Mother 3. Daughter 4. Son

Father and Mother are equal shareholders regarding a house. Both parents during their lifetime gives the son the house as a gift. Both children are informed and aware of the action. The son agrees and takes the gift (house) and also takes total responsibility to all the affairs regarding the home and regarding income and expenses of the house approximately 6 years before the father passes away. However when the gift (house) was given to the son it was given verbally so in other words there is no written proof but there are two witnesses to this action. It must also be brought to attention that when the gift was given, both children were not present at the same time but as mentioned before both children do acknowledge the action (the home as a gift to the son). The daughter however was not happy about this when both parents informed her but did not confront the son (her brother) immediately. Shortly after the father passed away the daughter started to show her disapproval and informed her mother that she does not agree to this and insists on getting her share in terms of inheritance according to the Islamic sharia.

• Does the house still stand as a gift even when it was given verbally only?

• Is the daughter’s disapproval valid and does she get any share according to the sharia?

• If the daughters claim is valid what will be her share?

Inheritance

Q: My mother died this year. She left around 16 laac rupees. According to her will she told before her death to give in charity this amount to some mosque. This amount will come under wiraasat to distribute among her son and daughters or it will go to charity according to her will. Please reply what Islamic law says about this.

Writing a will

Q: At the moment I am married, no kids and both parents alive alhumdulillah. If I had one child would my entire estate go directly to him/her? What portion goes to my wife. I don't think my sister is allowed in the will, but I am close to her. Is it possible to say my sister wont get s share but allowed to stay at my house for say 10 years. Although if my parents died in that time and never got the share of the house due to my sister residing their, would I be punished for that?

Inheritance

Q: We are two brothers and three sisters. After my father's death what will be the share of each. Whether the property which was already given to one son when he was alive, will come for distribution.

Inheritance

Q: We are two sons and three daughters. My father had given one property each to one son and two daughters. After his death when the property left behind in his name will be distributed, whether the properties which are already given, as stated above, will also be included for distribution.

Inheritance question

Q: I have a question regarding inheritance. My father died in 2004 and left a property. That property comprises of double storey house. We are three brothers and three sisters. Now the question is that we all have used property for our own use and was never rented however two brothers have spent large amounts of money in restructuring of that property, now those brothers want to give their sisters share of inheritance in that house. Shall we calculate the value of property in 2004 and value of property in current market situation? or shall we calculate the current value of property in condition of before reconstruction? Note:- House was double story when our dad died and now it is triple story but all money is paid by two brothers. I would like to have solution from mufti saheb regarding this.

Inheritance problem

Q: If the elder brother holds all the family's properties and uses them for himself and does not want to share any properties with his widow sister, and does not care about Islamic law, about sister's share from her parents properties and uses bad and rough words towards his widow sister. What should the sister do? Is it sinful to avoid talking to her brother?