Inheritance

Leaving behind in the estate a house built on waqf land

Q: My Mother passed away leaving behind a house on a Waqf land which she rented. The land is such that we rent it for R5000 per annum. Then we have the option of building whatever we want. Now that she passed away leaving behind 3 sons and her husband. Will the house form part of her estate or not? 

Please provide references from the Hanafi Mazhab as one of the brothers is very adamant on following the Hanafi Fiqh. 

Some other Mufti mentioned that in Hanafi Fiqh, such a house built on this kind of Waqf land will not form part of the estate as such, rather the value of the house in the form of rubbles will be calculated or something like that.

Distributing the land in inheritance when one heir built a structure on it

Q: I built on my mother's property with her permission, my sibling doesn't want to compensate me for the improvements. She say that I occupied it for free for many years. 

My Mother is late. I have one sibling (sister) we and are heirs to the property. 

What is the Islamic ruling on this? Does she have a claim on the building that I erected with my funds and the proceeds that come from it or does she have a claim only for the land that the building was erected on?

Distributing land among heirs which has a house built by an heir on it

Q: My father has a wife, 2 sons and 2 daughters. He wants to prepare a WILL explaining how the house shall be divided/inherited when he is not alive. 

He purchased a single story house in 1987. My brother demolished this house to build total 3 floors (including ground floor was rebuilt) in the year 2007. There was no discussion between my father and brother before this house was being built. It was a mutual decision but the amount spent for this construction was spent by my brother (around 10 lakh Indian rupees). The reason to have a big house was that brother was about to get married, so family was expanding. 

Now, the house is still in my father's name. How shall the 'WILL' be prepared ? I am another son of my father who is asking this question.

Sister selling her share of the estate to her sibling

Q: A person passed away, and among the heirs are two daughters, one of which is rich and the other is poor. The rich daughter does not want to take her share of the inheritance and wants to give it to the poor daughter. 

However, she was told that this is not permissible without her first taking possession of her share. My question is, how will she take possession of her share independently if the share consists of properties that are jointly owned with other relatives, as well as the business which is also in partnership with others? 

In such a case, where independently taking out one's share will be difficult and tedious, can she merely hand over her share to her sister without first taking possession of it? If not, what are her options?

Forcing an heir to sell their share of the inheritance

Q: There is a dispute which is currently taking place between some family members regarding a certain property which is part of the estate of their great grandfather. 

One female is part of the present heirs and is receiving a share of the property. However, one family member who is also an heir wants to buy her share against her will and take her share for his own benefit. Is this permissible?

Distributing the assets of the deceased among all the heirs

Q: My question is related to inheritance. 

Few years ago my mamu was in Saudia and he used to send money to his parents. At that time my nana bought a piece of land and after he died my mamu claims that since that land was bought from his money so he is the sole rightful heir of that land. Legally my nana owned that land. 

Now I want to know even if the land was bought from his money, do sisters deserve a share from that land or not? If they take their share, would be just or not?

Making a bequest for an heir

Q: A lady has a property that she earns rental from. She has stated verbally that upon her demise, this property must go to her 3 sisters. If she passes away, her heirs will be her 3 daughters, her husband and her 3 sisters. 

1. Is this bequest valid and binding? 

2. Will the ruling be different if her father is alive at the time of her demise?