Inheritance

Distributing one's property during one's lifetime without legal transfer

Q:

1. Who is responsible for distributing the estate among the heirs after a person's demise? And if not distributed equally who will be questionable?

2. My grandfather (alive) distributed his property equally among his children 15 years ago. But he then gave a portion from my fathers share to someone else. Now, is my grandfather accountable for not distributing it equally?

3. The land that he gave to all his sons (all have constructed houses on the land except my father) have not been transferred in documents to the sons but all of it still belongs to my grandfather in papers. If he does not transfer it, what will be the significance of all the distributions he already made?

Inheritance

Q: We have a house which was jointly owed by my parents. My mother passed away 6 years ago. My father is 88 years old and not well. We are 4 brothers and 3 sisters, how would the inheritance work once my father passes on? There is no debt on the house.

Making wasiyyat for one's jewellery to be donated to a musjid

Q: An old lady died. Before her death she said that all her gold ornaments should be given to a mosque. She has one elder and one younger brother. She used to take care of them. Now her brother and sister is financially suffering. The sister is a widow and 85 years old with no child and the brother is 70 years old with 3 daughters. Can her brother and sister take some amount of the jewellery for their living and medical expenses. How much can they take?

Buying out the share of another heir

Q: My understanding is that at the time of death, any assets left behind by the deceased, e.g. a house, now belong to the heirs even though its not yet transfered onto their names from a legal perspective according to the country laws.

1. If they decide to sell the house or if one of the heirs wants to buy out the other heirs then would the wasiyat be paid on the money received from the sale of the house as well as money the deceased left behind or only on the money the deceased left behind.

2. Will the heir that buys out the other heirs still be entitled to their share.

Can a Muslim Inherit from his Non-Muslim Relative in a Non-Muslim Country?

Q: 

1. In a non-Muslim country, can a Muslim inherit from his non-Muslim relative? Please explain the Shar’ee ruling in the case where the non-Muslim relative left a will or did not leave a will.

2. I was informed that there is a fatwa attributed to Hazrat Moulana Thaanwi (rahimahullah) which says that it is permissible for Muslims to inherit from their non-Muslim relatives in India. Is this correct?

Grandsons inheriting

Q: If a person’s father passed away before his grandmother (i.e. Father’s mother) and the grandmother was inheriting from her grandmother will the grandsons inherit from the grandmothers estate while they are other brothers and sister of the father still living?

Grandchildren inheriting from their grandmother

Q: Ebrahim and Qassim are brothers. They were married to two sisters. Ebrahim had a son, Ismail who got married to his cousin, Khadijah (Qassim’s daughter). They had 8 children. Ismail, the father passed away a long time ago. Thereafter 3 of the children, Omar, Husain and Zahra passed away before their mother. Now their mother passed away.

My question is, can the children of Omar, Husain and Zahra inherit from their grandmother? If they are not intitled to the inheritance, can they get anything via any other way since they looked after her quite a bit.