Inheritance

Inheritance Question

Q: My question is regarding the claim that the inheritance proportions as prescribed Quran in surah an-Nisa don't add up in some case. An example is this:

A second example is, that when a man leaves only his other, his wife and two sisters, then they receive 1/3 [mother, 4:11], 1/4 [wife, 4:12] and 2/3 [the two sisters, 4:176], which again adds up to 15/12 of the available property. 

What is the fact of the matter? and are principals such as al-awl(?) applied? If so, why are they applied if they aren't mentioned in the Quran?

Do illegitimate children inherit after their parents get married

Q: A Muslim lady got married to a non Muslim and had 3 children from him. If the marriage is not valid and the children are considered to be illegitimate and not inherit from their father even if later on he becomes a Muslim, are such children still considered to be illegitimate? Will they inherit equally with their brothers who were born after the fathers conversion?

Inheritance

Q: If a man first married a woman and had 4 children, then divorced her and married another woman from whom he had 6 children. He had two houses, one of which he named for his second wife. Now that this man has passed away, and distribution of property has begun. Do the four children have any right over the house named in their step-mother's name? The 6 children from the second marriage say that they paid for that house so the 4 children from the first marriage have no right over it. Please can you explain what is the right way to go about this matter?

Inheritance

Q: A man left behind his wife, 3 daughters, 1 son after his death. In his estate there is plot of land of 97x78=7566sqft area. In which from one side a house is present on about 61x40=2440 sqft area. According to shariah the division of land will be wife=945.75sqft, each daughter=1324.05sqft, and son 1324.05x2=2648.10sqft.

But before the distribution of estate 3rd daughter died leaving behind her husband, 2 daughters, mother, 2 sister, 1 brother. According to shariah (I am not sure) the estate of  3rd daughter will be divided in 13 equal parts, in which 2 parts will go to mother and rest 9 parts will be in 2 daughter and husband portion. According to this 203.7 sqft from 3rd daughter’s estate will become part of mother’s portion i.e. mother’s portion will  be 945.75+203.70 sqft and portion of husband and daughters of 3rd daughter(who died) of the deceased will be 1324.05-203.7=1120.35 sqft.

Q1: When ever distribution is done is it mandatory to distinctly clarify the part of each share holder?

Q2: If yes for Q1 then for 3rd daughter what will done? Her husband’s and daughter’s portion will be clarified i.e. 1120.35 sqft and mother’s part of 203.70 sq ft OR 3rd daughter’s portion of 1324.05 sqft. 

Q3: Mother wants to distribute her portion of 945.75 and 203.7 among her children who are alive. Then she has decided to give 50% of her share to her son and 25% each to her daughters. Is it necessary for her clarifying each part before giving her share to any of her son or daughter? 

Q4: whether area’s of share holders can be shown according to following: 

Daughter 1= 1324.05+287.3625=1611.41 sqft

Daughter 2=1324.05+287.3625=1611.41 sqft

Daughter3=1324.05+203.7=1120.35 sqft

Son= 2646.1+574.72=3222.82 sqft

Family broken up due to estate problems

Q: My father were 4 brothers and 1 sister. As my grandfather expired at such a time where my father and his siblings were quite young, my father's eldest brother therefore took care of the family business. My grandfather owned a leather factory. Few years things were going well Alhumdulilah but later after the marriage of my father's eldest brother he deprived everybody else in the family except his mother of the income which was till now being generated from the factory. He said that because since so many years he was looking after the business therefore the factory was now his and nobody in the family was to put his claim anymore. My grandmother also supported him because she was getting her monthly expenditure from him. My father, mother and the rest of my uncles and aunt took the matter to the court but even there my eldest uncle did something because of which my parents had to withdraw the case. Since then, my parents were in a very bad financial condition and had to suffer a lot. Now the state of my family is like very hostile towards each other. My eldest uncle has now expired and his wife has taken over the business and we are still deprived of the income which is generated from the factory. This hurts my parents and many a times a fight ensues. The  daughters of my eldest uncle has abused my mother very badly and said things to her which was worst than the worst. Keeping all the situations in mind, what should we do now as we are not in talking terms with them but fear Allah's anger that if we break ties then Allah will be angry but being in talking terms with them is very tough as they even think that we are doing so in order to gain benefit from them which is not true. As they have abused my mother I just don't feel like being good towards them any more. What should be done in this case? And what is to be done with the factory thing? Don't we have any right over its income? Its been 25 years nearly since we have been deprived of our rights. 

Inheritance

Q: In the case of two brothers who have been entitled to a property as inheritance from their father, each brother got 50%. Thereafter one brother owed the other brother quite a sum of money which amounted to his half share of the property. The other brother then asked for this brothers share in the property as a settlement for his debt. In desperation, he signed over the share. Was this correct that he had to sign over his inheritance for the sake of paying back a debt or should they have worked out another way to pay back the debt? Is it fine to take inheritance?