Inheritance

Some heirs giving their shares of the inheritance to other heirs

Q: My wife has passed away. Her heirs to her inheritance are: I (Her husband), three daughters (who are in S.A). Other heirs are: her brother and sister who are in India.When I told them about their share of inheritance and asked for their banking details they insist that I should give their shares to my three daughters. Is this permissable?

Winding up the estate according to an unislamic will

Q: What should be done if a person dies with an un-Islamic will? The will specifies its own heirs and the shares for each person with no Islamic principles adopted. Non-heirs, according to Islam, are included also. What should be done in this case?

What about the the 1/3 available for bequest. Can the Islamic heirs agree on how to distribute this on their own through mutual agreement?

Doubts regarding the payouts from a deceased person's investments

Q: The deceased had a living annuity where his pension was invested after he retired. There were two investments, one to offset the tax and the remainder for daily living expenses.

The investor split this into four:
Oasis Crescent Equity 10.000%
Futuregrowth Albaraka Equity 10.000%
Excelsior Shari`ah Balanced 25.000%
Oasis House View 55.000%

Question: Is the payout from the deceased estate, which includes above investment values, free from any doubt? If not, if one is inheriting from this estate, what should be done with the money? Is the payout Zakaatable or should all be paid as if it is Interest?

Please advise...

Income from a property of a deceased

Q: My father has a property which is on my name. My father gifted my mother a yearly amount from the property over many years when she was alive which was solely for her use. My father is unwell, and is not capable of signing and making decisions because of his illness.

We are 4 children (1 son and 3 daughters). 1 son passed away years before my mother, leaving 1 grandson. Now my siblings want the yearly income that is currently generated from the the property, as they feel their mother used to receive it previously and it should now come to them. Is this money due to the children with my father alive?

What should be done with this money? Should it be put back into the business or be shared with the children? Should the money be put into a trust while my father is still alive? What is the best advice you can give in doing the right thing?

Inheritance from a property on rent

Q: We were three brothers and two sisters (all married). Our elder brother lives abroad. While 2 brothers and 2 sisters live in Karachi. We have one double story house in inheritance from our father in which myself and my younger brother lived till 2015. When I got company accommodation then we shifted to that house with my younger brother. As mutual understanding, we allowed one sister to live in one portion and another one to get rental income.

Now the issue is that my younger brother passed away recently (30-Jan-21) and he left two boys and one widow behind. His widow is in iddat and has no means of income. So what should be her right and her boys rights regarding their grandfather's house and its rental income.

Please advise in the light of Islamic law of inheritance. 

Writing out a will and giving gifts after testing positive for Covid

Q: My father tested positive for covid virus. He was in isolation and had taken this time to write out a will. He gave me and my mother many gifts in this time. We accepted this from him immediately. He passed away 3 weeks later.

Is this allowed or would it be considered Maraudal Maut? The other heirs say we should return the gifts to the estate.

Distributing a property owned in a joint venture

Q: My wife and I were working together in the Gulf for the last 17 years and we don't have any children. During our stay in the Gulf, we purchased two properties. One property is registered on both our names and since I couldn't travel to our home country for some reason, we registered the second property only on her name as the single owner... It was purchased through our savings as security for retirement and only our money was used in buying this property.

Unfortunately my wife passed away all of sudden 5 months ago. Now my mother in law, my sister in law and my brother in law are claiming their share in the property after consulting one Mufti in our city. It was purely our hard earned money and I came back to my home country after my wife's death and I don't have any job here. I want to follow Shari'a and I don't want to destroy my Aakhirah also. Are they entitled to their share in the property ?