Inheritance

Q: Kindly advise on the missed salaah/fasts etc for a deceased person. Also Haj-e-badal and zakaat due.

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

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.

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.

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?

Q: After the division of inherited property, if someone occupies other shareholder's area and does not let the other use his/her share/area then what is the Shar'ee ruling?

Q: I would be grateful if you would kindly assist me with an inheritance matter. We have sold my late mother's house and need clarification on some issues before we are able to effect distribution. One of my brothers carried out renovation work to the property without the permission/and against the wishes of the other siblings. He genuinely believed it would increase the value of the property. He is now claiming costs in excess of £18,000. Although he has some receipts from builder's and merchants, he is unable to substantiate claims for labour costs as they were made in cash with nothing obtained in writing. Some of the siblings are unhappy as they feel the cost is excessive and the unauthorised work has not added much value to the property. They are requesting receipts that simply don't exist. Also they feel that, as it is a estate matter it is their duty to ensure all figures are correct and there is no human error. Legally an executor cannot make unauthorised payments or payments without supporting documents from estate funds unless all heirs collectively agree. What is the Sharia way of dealing with this? Also if some of the heirs agree to cover their share of the renovation costs then how should this be calculated. Should it be equally split or should the male heirs pay two parts and the female heirs one part. Your early response will be greatly appreciated.

Q: My deceased father (passed away 5 years ago). He gave me a big flat worth 90 lacs and gave my sister a smaller flat worth 40 lacs. What is the difference amount I have to pay to her after giving 1/8th share to my mother?  Also she says she has a 40% share in my flat because of the delay in the sale of the flat. I have never  delayed or opposed or obstructed the sale of my flat. Is it correct for her to demand this 40% share in my flat saying that the sale was delayed? Please guide me as to how this should be done based on the above figures.

Q: A girl was born out of wedlock. After she was born her mother accepted Islam. She is not sure if nikaah of her parents was thereafter performed or not. After a few years the parents divorced. The girl was brought up by her father from the age of 6 until marriage.

1. Is her father a mahram to her?

2. Are her uncles (fathers brothers) mahram to her?

3. Does she need to adorn the hijaab and purda from her father and uncles?

4. Will she inherit from them?

5. If she does not inherit what is the procedure of wasiyyat?

6. Is her brother who is also born out of wedlock from her same parents haqeeqi or akhyaafi?

Q: Mufti it's been many years my dad has been asking his elder brothers for his haq from my grandfather. Since 1956 he has been trying. My dad is late now seven years but like a year before he passed away he asked me to pursue this long overdue matter. Mum is alive still and 86 years old. Not too well. Am I doing the right thing to be asking for my dads haq or is it wrong for me to ask for our haq. Please help me because many have told me it's the right thing to do and many have said for me to let the people who are still eating of our haq carry on because they will pay for it in the year after. What is the verdict on this matter. Please help me.