Inheritance

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?

Child born out of wedlock

Q:

1) If a female falls pregnant as a result of Zina, then marries the father of the child when she is 3 months pregnant, is the child still illegitimate? and cannot inherit?

2) Also please advise regarding the inheritance of such children? I heard that there is a 33% portion of ones wealth that can be distributed to illegitimate children or to any other persons that are not allowed to inherit such as neighbours, friends, maid etc

Inheritance

Q: I have a question regarding Inheritance. My grandfather had 5 sons and 2 daughters. He lived in a small house consisting of only one room. My two uncles were living in grandfather's house, one occupied the room and another made a machaan. Two uncles moved out and got their own house. My father got job in army and moved from one place to another. Finally my parents decided to settle in another city. Out of the two uncles living in grandfather's house, one moved to another house after his children got married. Only one uncle is living in this house with his youngest son. Elder son is well off and has got many houses but my uncle insists on living in this paternal house. Now comes the question of inheritance. My father moved out due to job and then settled in another city as per demands of family and children. Also the paternal house is very small, that's why one uncle decided to move to his son's house. Now when my father and others demand their share in the house, the uncle living in this house is not willing to sell it or give share to his brothers/brother's family. He says that as everyone moved out and only he is living in this house then there is no share for others. Out of the 7 children, only 3 are living including my father. Both the daughters and 2 brothers are dead. This inheritance issue is causing bad blood between brothers and brother's children. I request you to reply as soon as possible as what should be the solution to this problem.

Inheritance

Q: Please advise on the following estate matter:

My uncle recently passed away, leaving behind 1 Wife, 1 Son and 2 Daughters. He did leave a will. What will the inheritors shares be respectively? His Son is confused/unsure about reconciling the estate, kindly advice on how he should deal with the estate and inheritance. [some family members have advised him not to give the sisters their full share]. His father left behind wealth [cash], properties[commercial, which are owned by companies, in which the son and wife are directors], residential property [marhooms residence], vehicles etc… He has just built a commercial complex worth millions [owned by a company, whose share-holders are wife and son], what will the shares of each inheritor be? Can he calculate the value of the building and pay out his sisters? Or will they have a share in the property? Will they get a portion of the rental received? Marhooms Zakaat, Salaahs, fasts etc were not upto-date, what will the kaffarah be in the case? Should he pay the heirs immediately? Or can he hold some of the inheritance? He has already started giving sadqaah [charity] out of the estate, is this correct? Kindly advice on any other aspects I may have left out.

Inheritance

Q: My father wants to stipulate in his will that his house be sold to my sister at a value capped at R1 000 000. This money will then form part of his estate and distributed according to the Shariah. The house is currently worth in excess of R1 000 000. Is this Shariah compliant?