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?

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.

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?

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.

Q: My father had handed over property papers to his friend for safe custody, who is a property dealer. After my father's death his friend distributed the property among the five of us i.e two brothers and three sisters. Is it write on his part to take commission on such distribution. If yes then at what rate?

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.

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?

Q: My father met my mother when she had two children from a previous marriage. My mother passed away 35 years ago. My father father bought a house 20 years after my mother passed away. Can his step children inherit?

Q: My father passed away recently. We are 7 siblings and 1 half sibling from my dad's previous marriage. My dad had bequeathed verbally that his car should be sold and the money should be used in building a musjid. My dad also bequeathed verbally that he has 50000 rands aside for his two daughters marriages and this money should be split between the two. My dad had income coming in from a rental property as well. And finally he has a paid house that my brother contributed to it. How is all this distributed? Can the verbal bequeath be accepted? Do gifts / bequeaths have to be only from his 1/3 of the total property? Is gifts and bequeaths separate? Do we have to first to subtract all the funeral expenses,debts fidya then distribute? I understand this should be done from the 1/3. Is this correct? How is the rental property going to be distributed?