inheritance

Property distribution

Q: My grandfather married my grandmother after the death of his first two wives. He had 2 sons and 2 daughters from his first wife and no children from his second wife who died during her first delivery. My grandfather and my grandmother (third wife) also have died and they had three sons and three daughters. Now there is a property in the name of my grandmother (third wife) and we wanted to know.

1. Who all will inherit from my grandmothers property?

2. What will be the share of each inheritor?

Distributing the estate in a C.O.P Marriage

Q: My father past away in 2008 he was married in c.o.p. I have 4 sisters and me as the only son. What happens to the house as they want to put the house on to my mother's name and they say she owns half the house. What does shariah say about this and how do I go about in sorting this out. The house was bonded with my late father and mothers name, now she is the executor so how does this work? 

Bequest for heirs

Q: We are in the process of winding up my father's estate, who passed away a couple of years ago, and are unclear on a specific scenario we have picked up.

My father had a number of investment policies which were registered under his name but, as required with most investments, had listed certain individuals as beneficiaries in the event of his death. The beneficiaries he listed were his wife and some of his children (so the people that naturally would qualify to inherit from his estate in any case).

The question I have around this is, according to Islamic law, should the person listed on the investment as beneficiary inherit the payout or should the investment be included in the estate and the total from the estate be distributed according to the Islamic law of succession and inheritance?

I hope I have provided sufficient detail to enable you to make an informed decision.

Inheritance

Q: My father owed my grandfather R40 000. Its been few years since my grandfather passed away. My father is now able to pay of the debts which will go to the heirs (none of whom have passed away) as inheritance, who are: my grandmother, my father's 3 sisters and my father himself. I would like this R40000 to be divided amongst the heirs when my father wishes to pay back the debt?

Property not on owners name

Q: Aslam purchased a piece of land with his earning. Since he was not in the country, his father did all the legal procedures, so papers were filed in his father's name. When Aslam came to the country, the father had to transfer papers to Aslam's name. Unfortunately, the father passed away. Now will this land b considered as the father's property and would be distributed among the heirs, or will it be considered as Aslam's property?

Distributing inheritance

Q: I have a moral dilemma which I need some help and guidance with. My husband passed away a few months ago and we are in the process of distributing the inheritance within the heirs. I have a son and a daughter and his both parents are alive. There are two sums of money. One was given by the office to me and I want to distribute it among ourselves according to shariah. This was totally my husbands money. The other is our savings in which we both contributed but were in his name. My contribution included the money I got from my father as well as the savings I did when I was working. My question is do I deduct my portion from our savings before distributing it according to shariah? Or since it was no longer in my name I cannot claim it and all of the savings will be divided. One problem is that the matter is being settled by court in the form of succession certificate where it is expected that the court will keep the children's inheritance for safekeeping until they are 18. That means I will have access to only the amount that the court will give to me i.e. 1/8th. Kindly advise what should I do.

Parents inheriting

Q: My wife passed away leaving behind a son and me. I know I get 1/4 of her inheritance. Does my wifes parents each get 1/6 each before remaining goes to my son - as per Surah al Nisa. The parents were not dependant on my wife but do they still get their share of 1/6. Or does the 1/6 rule only apply to parents if their son dies. So in my case, my wife' s parents get nothing. Section 2, verse 11 refers to " his" parents.

Inheritance

Q: I want to know shares in iheritence according to sharia. My father had 2 wives, frst wife A had 3 sons and 1 daughter and the frst wife had passed away 60 years ago. Then my father married to my mother from whom he has 3 sons and 2 daughter. One son of wife A recently passed away a year ago who was not married at the time of death. Now please tell me whether the deceased's frst wife of my father will get her share or not in property. My father and my mother both are alive Alhamdulillah. Also tell me if my deceased step brother, who was not married, will get a share or not. Inheritence is of my grandfather who passed aaway a long time ago.