Inheritance

Making a bequest for a non-heir

Q: My mother passed away 35 years ago my father never remarried. I am his only son and have two elder sisters. My father passed away recently leaving a will which stated that all his household content is to be given to my elder sisters child which is his grandchild. This child also has the first option to buy his house at market price. He has 15 other grandchildren. This has split the family as a grandchild may not inherit from him. The money from the sale of his house is to be divided equally between his three children. Can you please give advise as to the right way things should be done.

Inheritance

Q: My father passed away leaving behind some assets (land & money). My late father has 5 sons and 4 daughters and my mum. My questions are:

1: Who has more right over the assets, my mum, sons or daughters or a combination of those?

2: Who's name should the assets be transferred to?

3: How do we distribute the shares (estimated value of £100,000)

4: Would it be right if my mum decides without the consent of the sons to sell some land and spend as she wills?

5: If she was to sell and spend should that about be deducted from her share from the total asset?

6: How do you calculate the shares. Above figure is only a estimate, can be more or less?

7: One of the assets is a house. If 2 sons spent £2000 on painting the house whereby it may or may not increase the value of the house (the other 3 sons were not in a position to contribute at the time) does this give the 2 sons more ownership over the house then the remaining sons? Does that also affect the shares if the house was sold?

8: Would a solution to question 7 be that to sell the house at the value it has. Distribute the shares accordingly. Then the remaining 3 sons that couldn't contribute at the time pay their share to the other 2 brothers which would've been £400 that was spent on painting at the time?

Inheritance

Q: When my father was alive he made an agreement with one daughter to pay the bond of his house. The house still remains his property according the agreement made by the two. Now after his death the daughter claims the house to be hers as the house is on her name because of the agreement. There are 9 siblings. 5 sons and 4 daughters. What is the sharia ruling on this?

Inheritance

Q: A Sunni ruler from a princely state in India who performed more than four marriages. In order to get away from the Income Tax Department a few years before he died he gave an affidavit to the government that his legally wedded wives were only four. The other Ladies whom he had children with lived with him throughout their lives. The children were his own. The ruler provided them with everything. Not only his children but he also recognised his grandchildren by accepting them many a times and provided them with everything. Will the share of inheritance for children from the fifth marriage or the sixth marriage whom he accepted and acknowledged throughout his life time as his sons and daughters different from the children's share of his first four marriages or will his inheritance be distributed equally among all the heirs.

Inheritance

Q: A mother (widow) in her life time verbally announced that she is giving her two daughters each a house so the day she passes on she will be assured that her two daughters have a roof over their head. Strangely one brother decided to put the properties into a family trust 20 years ago while the mother was still alive. The mother owned a number of properties and was receiving rent income from most of these properties. The said brother handled her finances for many years. 11 years ago she past on  and the said brother inherited all her properties and kept her monies. The sisters were told that the properties will be transferred to their names over this period. The sisters were paying exorbitant amounts in rates and taxes to this brother. One paid R1250 and the poorer one pay R900 on a monthly bases. Not so long ago this brother decides that the properties should go to the children of his sisters. He made the children sign documents in making them believe that the properties will go to them. It comes to light that he was lying. His first wife's children both girls would get 30% each then he has a second wife of two children were born out of wedlock. This daughter would get a 40% share. Many family members were sent to him, but he is so arrogant and boastful. He is untouchable and no one can do anything to him. He will use all his reach to destroy those that come in his path. Someone now recently told him that his late mother is turning in her grave. His response were that's her problem. She is dead and no one can do him anything. He uses gangsters to scare people who want to testify against him. He bribes building inspectors and erects insecure buildings (Flats). His daughters believe their father is right in doing so and they have cut ties from their family because of this. The sisters have been staying on these properties for 21 years. Please give some reference from the Qur'an so I can forward to this arrogant person's children. He is very sickly. He could go any time. I want to give this persons children the proof of the Qur'an and their punishment if they collaborate with their father.

Muqaasamatul Jad

Q: I would like to know in our time in the baab of muqasamatul jad (مقاسمة الجد ) according to the ahnaaf on whose قول is the fatwaa given; on- Hazrat Abu Bakr Siddique (Radiyallahu Anhu), Imaam Abu Hanifa (Rahmatullahi Alayh), etc or Hazrat Zaid ibn Thaabit (Radiyallahu Anahu) , Imaam Abu Yusuf (Rahmatullahi Alayh), etc?

Inheritance

Q: My father is married to one wife and has three sons and no daughters. He has four brothers and 5 sisters. How should he divide up the inheritance in his will for his family?