Inheritance

Inheritance

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?

Inheritance

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

Inheritance

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?

Compensation in order to leave the property one is renting

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.

Inheritance Question

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.

Inheritance

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?

Wasiyyat for an heir

Q: A lady passes away she leaves behind four children two sons and two daughters and a husband, after she passes away it is realised that she has some money in the bank,so after her demise the husband states that during her lifetime she told one person that if she passes away her husband should use the money for haj, I would like to know is one persons statement sufficient to prove that that she really said this and two what is the manner of fulfilling the bequest of the deceased according to shariah?