Inheritance

Inheritance

Q: I have a question regarding inheritance! My dad was with his father for 35 years. When business was doing bad my father suggested he leave and go on his own but my granddad said my dad and his family are his responsibility, that's why he musn't go! Before my grand dad passed away my granddad gave the key of the shop to my dad and he said this is for you and your family's survival. He only asked for R300 a month. Does it mean that the shop was supposed to be my dads including the property? Now my dad has passed away and his brothers are asking for a share? Are they entitled to the share or not? Please advise.

Getting married in C.O.P

Q: A couple was married in COP and the title deed of the house was on both their names because of the COP. The wife passed away without a will being made. The husband and 6 children are the surviving heirs. Do the heirs inherit Islamically from the house?

Inheritance - adopted child

Q:

  1. My question is that if a child is adopted in his very lesser age and in certificates also his father name is mentioned the adopted father. And If both these parents died with out any formal will for their wealth and properties, does this child has the right to claim the properties along with the other born children of those parents?

  2. If the mother says to give the equal right the adopted child is it compulsory to give part in that property. Please explain me in details as per shariath.

Can a Muslim inherit from a Kaafir and attend the funeral procession?

Q: A certain persons granny is non muslim and is on her death bed. She would like to know:

  1. Can she and her family attend the funreal / service if it is held at a church?
  2. Can they attend the function held after the burial which would be at a church? (From what I understand it is a meal with the family)
  3. Can her mum accept and use inheritance from her non muslim mum?
  4. Also a muslim sister says that she has reseacrhed that niqaab is not fardh for hanafis. Could I please have some information proving that it is fardh?

Inheritance

Q: I am married have a son and daughter, I want to know what the inheritance percentages are supposed to be. My mother is also still alive. What is the percentage I am supposed to leave for her as well?

Giving one's assets to one's wife

Q: This is a matter related to gifts and inheritance. I am married, with no children. I have adult brothers and sisters. I have decided to give with immediate effect all may assets, wealth, future earnings, including the pension I am accruing at work, to my wife. She will be the sole owner and final decision-maker. Of course, she may consult me if she wishes to and I may express as an opinion, but ultimately she will take the decision. However, the assets etc will remain in my name under secular law because of the huge legal and financial implications in transferring ownership. But my intention is clear: I want to give everything to my wife now, and I will see her as the owner and write a document to this effect and respect her right to take decisions. Will such a transfer of ownership be valid or invalid in shariah? I will appreciate your guidance.

Mother giving her son jewellery for his future wife

Q: A mother gives jewellery and other items to her eldest unmarried son and says to him : “This is for wife when you get married”.  However, years elapse during which several proposals failed to materialise and the son thus remained unmarried.  The items remained in the son’s possession. Now with demise of the mother, what is the situation?  Is the son to be deemed the owner or in actual fact to be merely deemed to be in possession of items entrusted to him to hold until a specific event (i.e. marriage) has taken place?  In the latter case, does the items now form part of the estate of the deceased mother if it uncertain if marriage will ever take place in the foreseeable future?

On the other hand, assuming subsequently the son also dies unmarried. What is the situation then? To whose estate do the items now belong?