Inheritance

Inheritance

Q: After my father passed away there was a dispute over his share. My two brothers Took their share without consulting my mum. She was very upset about this. To help calm the situation down I gave all my share of money and company share in writing to my mum which I faxed to my brother. When I called her she was not happy and said the following "what have you got to give when its not yours in the first place". I kept quite assuming she refused. She died last year and during this period nothing was said and the letter was still in her possesion. My elder brother was told the same. Now that she has passed away my eldest brother and two other siblings are claiming that I have lost my right to my share. Can you please let me have your learnerd opinion?

Not wishing to take one's share of the inheritance

Q: If a person has three wives, can the last wife ask her inheritance be given back to the other two wives as she does not want to be part of the the distribution although she is entitled to it by Islamic law. So the question is can she sign a document to the effect that she does not want her share and is this practise acceptable from an Islamic perspective?

Mother gifting her home to her son

Q: There is a mother wanting to transfer her home under one of her son's name, but there is an issue. Here in the UK this is possible through a UK inheritance tax law, known as the 7 year rule. The idea is that when the transfer of ownership is made, the person who gifts the property has to live for 7 years for there to be no inheritance tax enforced on the one who was gifted it. Apart from this condition, there is one more. The one who made the gift is unable to benefit from it for 7 years. This means they are not allowed to live under that roof, nor are they allowed to receive profit from it if rented, because the idea is that it is not theirs to benefit from until the 7 years come to pass. After which, they are able to benefit from it i.e. they can live under the roof if the one who now owns it permits this. The problem here is that the mother doesn't want to relinquish power over her property, and says she'll only transfer the house under her son's name if she is able to stay in the house and benefit from it. In other words, she would only be doing this to avoid inheritance tax while she has no interest in allowing her son to benefit from the property while she is alive. The only legal way the mother is able to stay in the house and use it as a permanent place of residence, will be as a tenant by which she is subject to paying a rent to the new owner (the son) at a market value. At the moment, the mother receives income from the state, and is letting two rooms in the house and plans to let a third. She has no other residence in the UK, and if she decides to transfer her home under the 7 year rule, she will be obliged to pay rent to her son, which she doesn't like the idea of, unless her son gives her back the money. The question is, would it be permissible for the mother to stay in the house while they pay a rental market value to the son and then the son give back this money to his mother?

Making a bequest for an heir

Q: My parents married out of community of property, but jointly owned a house. My mother passed away before my father. Mother left no will. My father made an Islamic will. He also typed on a separate letter that half of his share of the house goes to his divorced daughter after he passes away. He passed away leaving 5 children i.e 1 married son, 3 married daughters and 1 divorced daughter. Some are complaining that the separate letter defeats the Islamic object of the will. Please advise.

Inheritance

Q: We are 6 children of our parents. 5 sisters and only one brother. Father passed away long time ago. We all are married. Recently my Mother sold her house which was made by my Father its cost is 2400000 lacs. My question is how will it be divided by our family?

Inheritance

Q: A Muslim father passed away and left his house to two daughters, [from previous marriage... mother is also deceased] and new step mom. What is the share holding according inheritance between the step mom and the two daughters?

Inheritance

Q: Humble request for advice regarding inheritance.

A woman passes away leaving behind:

-3 daughters

-1 sister

-4 brothers

-Her parents and husband have passed on.

How will the estate be distributed?

Doubtful wealth

Q: A mother's wealth is either mostly haram while the rest is lawful, or all haram! One of these cases  apply. It is extremely difficult to know the extent to which her wealth is lawful or unlawful. This is based on a very extreme case of ambiguity and devious behaviour on her part. She keeps on pestering two of her children to buy a property.  They are hesitant due to her wealth, while she doesn't care for lawful and unlawful, nor does she understand that her children are aware of her extremely dubious past full of lying, stealing, fraud, riba, dishonesty etc. She thinks, because of her over confident personality, that everyone else is stupid, while she is aware and intelligent. This woman suffers from a severe case of egoism and cognitive issues, but is unaware of this herself. Apart from being irascible and volatile, their mother, in short, causes them major difficulties, which involve psychological and emotional distress. These two people who are both adults, have discussed this issue extensively. There is the issue of the UK inheritance tax, but if their mother gifts them this money to buy a property each, this would mean she would have to live for 7 years after this in order that no inheritance tax be paid by her children. This is a tax law that helps people either reduce, or avoid completely inheritance tax should then sign up to avoid it. They are both having trouble establishing themselves, even though they have the capacity to make it in life. It is just that right now they seem dogged and paralysed by this woman's demeanour, and are finding life very difficult along with other factors. One is living with her, and so is experiencing great pains! He is finding it difficult to be obedient, as she constantly harasses him and bullies him. He is on benefit, and financially is weak. The other is renting a room close by, but is struggling financially, dependent on benefits to provide basic living standards and food, and also dependent on his mother for food; well, both of them are. My questions on behalf of them are:

1. Despite Sharia's stance on taking from someone else's unlawful wealth, is it permissible for this woman's two children to purchase a property each using her wealth?  It would provide the start they need.  Better living standards, stability etc.

2. What if they can't do this, but wish to avoid inheritance tax, being their sole intention for buying the property, would this be allowed, while they both live in each bought property paying their own household bills with their own money?

3. Would they also be allowed to make a living from the properties by renting part of them out?  And would zakat be due on this, in this case?

4. Because of the unlawfulness assigned to her wealth, how would this affect Islamic inheritance?  Would the two brothers have to sell the properties after their mother dies, and divide the money up according to sharia amongst four of them altogether; or give the money away?

5.  If they are not allowed to take from her wealth, then what should they do with her inheritance as a whole after her death?  Give it to Islamic charity, inherit it etc?

Inheritance

Q: A woman dies, leaving no parent, no son, 3 daughters, 2 brothers from same father and mother, 3 sisters from same father and mother, 2 maternal uncles and 1 maternal aunt. Please inform me how much share each of the deceased's heirs will receive if 25 thousand dollars has to be divided.