Q: My father has passed away and has left property behind (house, animals, some cash) please guide me regarding distribution among siblings. The following details might be helpful for you:
1. My grand parents are not alive (brothers of my father are alive and have childrens)
2. My father already shifted the house on my name in his life (because he did not want to distribute it to other share holders)
3. I have mother and 3 sisters all of them are married and two of them don't want to share property (voluntarily)
4. My step sister under 18 years she lives with her mother (my step mother who was divorced)
A:
1. Did he give the full control of the home to you or was it just in writing?
2. Kindly explain who were his heirs at the time of his demise, wife, sons, daughters, brothers, sisters etc.
And Allah Ta'ala (الله تعالى) knows best.
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Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)
Q: Answer to your questions
1. Actually he owned two houses one of them was transferred to me when I was around 15 and other later. When he transferred the house on my name he told me that he is doing this so that I do not face inheritance distribution, I was living with my father till his demise so he was head of our family that's why I can't say full control. Other than house are the animals and net cash that my father has left behind.
2. All of his brother were living independently in separate houses as they have already taken their share from my grand parents (the grand parent passed away long ago).
So heirs are:
Me, my mother, my 3 married sisters and one step sister who is under 18 years and living with her mother whom my father divorced.
3. Please also tell me is this permissible for me to keep the share of heirs if any of them don't want to share voluntarily
A:
1. If you are all in agreement that your father had given this to you with control then the house is yours. I suggest that this should be discussed internally with your siblings and mother.
2. The estate will be divided into 48 equal shares and distributed as follows:
Wife (your mother) will receive 6 shares
Each daughter will receive 7 shares
Son (you) will receive 14 shares
3. They may receive the share and after receiving it pass it on to you.
And Allah Ta'ala (الله تعالى) knows best.
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