estate

Possessions of the deceased

Q: A marhoom has left behind a 50 kg powder milk. Her niyyat was to sell it and cover up her outstanding debts. The debts are not fully paid off. Therefore does it fall part of her possessions which needs to be distributed amongst the heirs which involve non baaligh children? Or what should be done with it?

Can the estate of the deceased be made liable for damages?

Q: Person A invited Person B to come to Maclear (Eastern Cape) for Edul Adha Person A adviced person Person B to take sheep down to Pietermaritzburg with Person A's vehicle (Toyota Hilux) and person A will then bring down Person B's vehicle (VW Polo) to Pietermaritzburg in the weekend and collect his Vehicle (Toyota Hilux) Person B then took Person A's vehicle and proceeded to Pietermaritzburg after Edul Adha and then on Saturday (17-09-2016) person A left Maclear with person B's vehicle (VW Polo) for Pietermaritzburg via Port Shepstone On the way just before Paddock, person A met up in an accident and passed away. Car was wriiten off. It is evident from the pictures of the car and police report that person a was speeding and overtaking on a double barrier line at the time of the accident. Fatwa required. Person B wants to know if the estate is liable for replacing his vehicle (VW Polo)?

The Islamic shares of inheritance

Q: My situation is as follows: I have one brother who is seven years younger than me. Just a little more about us. I am married with three kids all under 5 years old. He is two years married and intend moving in with my parents soon but they plan on renovating it into a double story because they want their space and privacy and they want the upstairs section to be completely separate from the rest of the house, separate entrance, no access from main house to the upstairs etc. I have had a bit of an issue with this because I feel my brother is doing this to benefit off my parents in terms of saving on costs like water electricity etc because if he was serious about taking 'care' of my parents, why does he want everything to be so completely separate from my parents? Why not just buy a separate house? He says he is going to pay for the renovating of that part of the house but knowing him, he will probably seek assistance from my father as well if he runs short. My dad has in the past been paying a lot of his expenses, all his wedding expenses, furniture for his current apartment, and recently last September when he and his wife went with my parents for hajj as well, my father paid for his haj as well. he qualified as a chartered accountant last year and is only recently been earning a CA salary. The 5 years before this he was doing his articles and earning very little. I don't think my dad is going to establish a will so if he doesn't, my question is, should my parents pass on one day before us, what happens to the house? Does my brother just inherit it all because he is going to be living in the house?

Inheritance

Q: My grandmother is dead and the entire estate is in my grandfathers grip. During my grandfathers life time he stated that after his death his two factories would be inherited by his 3 sons and out of the 2 houses one to the sons and one to 2 daughters. He even gifted them plots And always helped the children with money. Wasn't that unfair or unjust towards the daughters. And actually the sons earn from that business and live in that house. So, whats the masaail would it be ok if the daughters forgive my grandfather and their brothers.