Inheritance

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. 

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.

Q: If I have 2 properties, is it compulsory in Islam for me to make a will before I die?

Q: If a family passes away in a car accident and the order in which they passed away cannot be determined, then how will their estates be worked out?

Will مناسخة be followed?

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 ?

Q: I have only one daughter. I own a house and no bank balance.

1. Can I gift the house, my complete property to my daughter in my life and give full control over it to her? Can we stay with her in that house only after giving her the full control over it? I have heard that a gift can be given from 1/3rd of the property and a gift can be given to non heirs.

2. If I don't give the gift, what will be the shares of my only daughter and wife?

3. I had two brothers and two sisters out of which one brother has passed away. So what will be the share of my remaining brother and two sisters in my property?

4. Will my nephews and nieces inherit from my property as their father is no more?

NOTE: Please answer all these questions in the light of my case as I have only one daughter and no sons.

Q: My 30 year old daughter, after divorce allowed her children to live with their father and she continued with her education. I had paid a sum to her university for her fees. Allah willing, she died during the semester and the university refunded the money.

My question is: Shall I keep this money or regard this as her inheritance? 

Q: With regards to a sum of R30 000 left behind in a will of a deceased individual, for the following purposes: Zakaat, outstanding fasts, outstanding salaah and donations for madressas/mosques. Is there a specific ruling that can guide one how the money should be divided in such a circumstance?

Q: Please tell me how will the inheritance of a rental income from Mauritian rupees be paid to the inheritors:

1. Should it be given in Mauritian rupees currency before it is changed into rands? Or can it be distributed in rands after the exchange is made?

2. What is the division of inheritance for a wife, three sons and a daughter of marhoom be?

3. How will R5000 be divided to the above heirs?

Q: A person passed away. He was survived by a wife, 7 sons and a daughter. At the time of his demise, the Marhoom’s estate had cash, Kruger coins, a number of properties and a business in which some of his sons were assisting him.

After the demise, the estate was not distributed. With mutual agreement, all heirs continued with their respective responsibilities that they carried out during the lifetime of the deceased. i.e. running of the business and looking after the property portfolio.

No fixed wages were stipulated for anyone (as was the case during the life of the Marhmoom).

Everyone continued to draw money from the business and properties for their expenses, at their own discretion. It is expected that everyone will be moderate in their spending and that they will consult with any major decision.

Subsequent to the demise, a few properties have been purchased and two sons have started businesses.

Zakaat is currently being paid on the entire estate and not individually. As a precautionary measure it is paid well above the actual due amount.

This arrangement is working out fairly okay, however, at times some heirs have voiced their feeling that they want this partnership to be dissolved and the estate to be divided.

Questions:

1. Is the above partnership arrangement acceptable?

2. Is it fine to continue paying Zakaat as a collective?

3 What advice can you offer on how matters should be taken forward?