Q: I purchased a house and, during my lifetime, gifted it to my son. I completed the gift (Hibah), and full possession and ownership of the property were transferred to my son, with the property registered in his name.
My question is: After my death, will this house still be considered part of my estate tarikah) and subject to Islamic inheritance laws, or will it remain my son's sole property since I gifted it to him during my lifetime?
Q: If a person was manipulated/threatened into giving their inheritance away, and it was signed off already but based on the above can the person have a claim to it still?
The estate has not been settled and is still in process.
Q: During the process of winding up my father’s estate, my sister accused one of the other heirs of stealing their father’s money. The said heir was very upset over this accusation. Hence, this heir forfeited their share of the inheritance in the estate.
Few years later, my sister retracted the accusation and apologized. She also stated that if it was due to her that the other heir revoked their share of inheritance, then she is ready to negotiate a way to give back that share of inheritance. This however did not materialise till this day.
Please advise if the forfeiting of the share, under the circumstances concerned, were valid and binding? If yes, who should that share be given to?
Q: In order to find the properties which my deceased father owned, we need to conduct a deed search. Should the fee for the deed search be shared equally between all the heirs (i.e. the two sons and two daughters) or should the fee be shared between the heirs according to their stipulated shares of inheritance (i.e. the sons will pay double the amount the daughters pay)?
Q: There were two brothers owning a business 50% each. One brother passed away, they distributed the inheritance of the business in percentages. e.g. 10 percentage to one person, another 5 percent to another and in this way they continued to receive a profit from the business. Now, the other brother wants to forcefully buy out the other portion which belongs to the deceased brothers children and wife.
1. Is it permissible to distribute the inheritance in this way that without dissolving the business people are giving a share?
2. Can the brother forcefully buy the other portion of the business?
Q: With regard to Islamic inheritance, we are 3 sisters and 2 brothers and my mother.
My father wants to add his sister (my aunty) as an inheritor. Can she inherit?
How can this be done after he dies according to Islamic law (shariah)?
Q: I do not have cash on hand, but I wish and request my heirs and executors of my estate to continue with my donations and qurbaanies after my demise.
Presently I receive income from different sources. Some quarterly/ some bi- annually/ some annually.
The main income will begin after my demise. I will Insha Allah receive a monthly income for the next ten years (i.e. 120 months).
I make a bequest of just ten percent of my gross income to charities and qurbaanies etc.
After my demise, whenever any money is received, ten percent is to be separated and accumulated and then distributed, mainly in Ramadhaan, Eidul Adha, and whenever funds permit (mainly to building projects/extensions/renovations etc. of mosques/madressas etc. Surplus funds can also be distributed to needy family members, religious institutes etc. as per executors discretion. Is this okay?
Q:
1. Is it compulsory to have 2 witnesses for a will?
2. If one witness is given the will to sign 3 days after the testator drew up his will and the other witness was given to sign a month later is this valid?
Q:
1. My mum is deceased 3 years. In her inheritance, she has left behind a business. I want to sell my share of the business. The executors say that I have to sell it in the family and not to any outsider as its a family business partnership and part of the estate. Is this condition valid?
2. Do they have the right to stipulate the price or can I sell it at a suitable price?
3. As far as distributing the estate, how long does one have to wait, as the executors say that they have received monies from the deceased investment but are still investigating details.?
4. Is there any punishment or effect on the deceased if there is delay in winding up the estate?
5. Is the inheritor being difficult or disrespectful in requesting their share of inheritance?
Q: I will be receiving about R50 000 in inheritence.
I am married with 4 kids but my husband doesn't always provide. I work, and earn a basic salary and most often I am paying for my children's clothes or treats etc.
I want to give 10% of my inheritance in charity, however I do have debts to pay and most of the time, my money is all finished and I can't buy myself anything.
Is it better to give out the amount as sadqah or better to pay off my debts and my zakaat which is due and keep the rest as an emergency nest.