Inheritance

Q: Who is responsible for the estate to be divided if a man dies leaving behind his wife, 3 daughters (2 married and one unmarried) a son of 20-21 years?

Q: My father died leaving behind my mother, 5 daughters, 2 brothers, 2 sisters. According to sharia after deducting the burial expenses, debts and one third of the estate for bequests, the estate will be divided into 720 shares and will be distributed as follows: The wife will receive 90 shares, each daughter will receive 96 shares, each brother will receive 50 shares, and each sister will receive 25 shares.

One of the sisters died after my father’s death.

One of my uncle (father’s brother) and one sister denied taking any share.

Children of one sister who died after my father’s death are also denying taking their mother’s share.

1. What should be done?
2. Who is responsible for the division of my fathers estate?

Q: In 1987 my father died living behind my mother, 3 sisters and 1 brother. The estate is a plot of land of 7566sqs ft with a constructed house of about 2500sqft. My mother, brother and one sister till her marriage and one sister with her husband and kids were staying in the house. Till 1998 nobody did the division of estate. However, my mother and brother were using the house and the open area as per their wish. They kept tenants in the house and open area to people for use to earn money. My two sisters left the house in 1991 and 1998. I asked my mother that as division has not been done so I should get the share from the earnings from the house. But no action was taken at that time. In 2009 when I lost my husband at the funeral my brother said to divide the estate of my father. However from 2009 there were only discussions and nothing was decided jointly. But my brother proposed that he will take full house and will give open area as share to the sisters. When in 2012 I told to my brother that I will also stay in the house he does not let us enter after several times saying that he has no objection. And he is earning from the house and not let us enter the house to stay. 

1. Does Shariah allows my brother and mother use the full house alone from 1987 as per their wish?
2. Is there any share for us from the earnings because we are also share holders of the house?
3. Can we sisters claim for part of the constructed portion & unconstructed portion according to the total area we can get from the whole property?
4. If at all we get the portion of of the house it will be too small to use and it will require some basic renovations. Who will bear the cost?
5. If we want to demolish the part of house which we may get after division, then who will bear the cost for pilling pillars for saving my brothers portion?
6. He is not letting us enter the house and I am staying on rent. But he is staying free in our father’s house. How this can be solved? Is he not responsible for our rents?

Q: Our father died 25 years back leaving behind my mother, we three sister and my youngest brother and one plot of land on which a two story house is present.  All of us are married and settled.  My brother and mother were staying in the house. My brother was also using the house and the open area for doing business. But he neither ever asked for our permission for doing this nor gave any share to us earned from the house. When the elder sister (who is now widow with 3 unmarried daughters) wanted to stay in the house, our brother opposed it and did not let her enter the house with her stuff. My mother wants to divide her portion from the estate now only among us. After that all of us decided to divide the property as per Shari'ah. Brother wants to stay in the house. But according to the division only half the house with some open area coming in front of that part belongs to the brother. We three sisters want to demolish the part of house coming in our part. But demolishing half the house will destroy the whole house if before demolishing pillars are not pilled to the part of house belonging to our brother. We want to use our area to build new house. However we gave this option to our brother to demolish the whole house and to build a house jointly with us. But he refused.

1. Who will bear the cost of piling pillars to save that part of house which belongs to our brother?
2. What be the ratio  for every one?
3. Is it right to demand share from what my brothers has earned using the house and the plot and never gave any share to us?

Q: My maternal grandfather owned a house. After his death, he had four heirs; wife, 2 daughters and 1 son. Property was not distributed among them due to the stubbornness of elder daughter (as she doesn’t want to sell house due to personal matters). Lately, his wife (grandmother), son and younger daughter also died.

1. How this property will be distributed among the following heirs?
2. Elder daughter : Has no children.
3. Deceased Son : Left 3 sons and 3 daughters
4. Deceased Younger daughter: Left 3 daughters, 1 son and husband

Q: I have a question that a brother and sister both have passed away. Their parents have left behind two properties in India. One full property and other has only ground floor given to them as a part from their share as waqaf-ul-aulad. (Other first floor and second floor went to other cousins from their mother side.) Brother has a son and four daughters. And sister has two sons. What shares exactly be given to all children of both brother and sister when that will be sold, as both have passed away. Brother has helped a lot in raising his sister's sons after his sister passed away years ago. Also what share for the wife of the brother who is still alive?

Q: My question is regarding Gift or compensation. My grandfather lives in house as a tenant about 50 years. He died about 15 years ago. Now we receive rs 15 lakhs as compensation to leave the house or evict the house. Now question arises that my grandfather have 4 sons, 1 daugter and a wife. How this will be distributed? Kindly note that the 2 sons have there own house & 2 sons do not have there own house property and a sisters financial condition is also not good.

Q: I would like to know how do you go about drawing up a will, as I have 2 Sons & 1 Daughter & 4 grandchildren?

Q: The executors of my father have sold some land belonging to father and his siblings. We have received part payment of the amount of the sale.There is however a court case  regarding  three other parties concerning the sale of the land.We  are unsure of the cost of the court case or how long it will take.Is it permissible to hold back the monies until the court case is over and paid for and then distribute the shares according to Shariah because these days it is difficult to get money from the inheritors once they receive it.

Q: We a family of 7 sold some land in India.We were given part of the money 700,000 equally which we divided in 100,000 each. We have now discovered that to make things easy for him the agent did not disclose to us that the land not only belonged to my father but it belonged to my fathers sisters as well, we have alhamdullilah now decided to distribute the sale of the land according to shariah. Some of my siblings have already spent the monies as approximately 2 years have passed since they were given the monies they have agreed to pay off the monies that they received by saying that they can only afford R1000 a month. Is this all right?