Inheritance

Distributing the estate on a percentage basis

Q:

1. I have 3 brothers and 1 sister. Our estate was worked out on a percentage basis. The eldest brother getting the highest percentage and so on, and my sister was only given 1 percent. Is this distribution correct?

2. If not, then can mufti saheb please mention how the estate be distributed and how many shares will each heir receive. There are 4 brothers and 1 sister in total.

My father did not have any surviving parent neither a spouse.

3. Also, if the distribution that was done on percentage basis is not correct then one heir had taken the money of the other heir. So what should be done to rectify this?

Zakaat on an undistributed estate

Q: My dad passed away few days back. He left some property and valuables which my family (mother, brother and sisters) do not want to distribute for the time being. Now, how do we calculate zakaat on the property since the purchase price is known but the market price varies.

Do we have to pay zakaat on the house in which we are living?

My dad's office is still open but no major work is taking place since my dad was in a partnership with my uncle and he had given all his business (not office) to him and my uncle is working from there. I used to visit the office on a daily basis for a few minutes and then left for my office. So, do we have to pay zakaat on it also? 

We are using my dad's cars and other belongings of my dad, do we have to pay zakaat on these items and what value?

Also, we are giving charity from his belongings but which has more reward, sadaqah or khairaat?

Distributing properties of an estate that were put on different peoples names to avoid tax

Q: I am willing to distribute my inheritance. We are 2 brothers and 3 sisters. My father made some properties in his life and they were put on different peoples names like me, my wife, my brother and his wife and my mother. This was only done to avoid any kind of tax. There were also some properties on my father's name. I would like to ask which properties should we include in the estate when distributing between my sister, mother, brother and me?

Depriving an heir of his share in the inheritance

Q: My father passed away in Pakistan 8 years ago. He left 1 widow, 2 sons, 4 daughter and a property in the UK and Pakistan. 2 sons were from his 1 marriage.

Our mother passed away when we were very little. Our father married again when I, the eldest son was 8 years old. As per UK law everything goes to the legal wife after the death of a spouse.

After my fathers death I have requested for my share as everyone is enjoying my late fathers wealth. Can the stepmother who is holding on to everything exclude me from my right? As all others have ganged up on me.

Distribution of investment shares to the heirs

Q: A deceased relative held shares in Old Mutual and also received a few Quilter shares as a result of these shares in Old Mutual. When I went to submit the documentation today I was also told that since the 15th of this month the (deceased) shareholder received 8 Nedbank shares. The deceased also held shares in Retail Property (Pty) Ltd. These are held at Computershare. I do not know anything about shares and I do not know whether the beneficiaries can make use of the proceeds of the shares in terms of Sha'riah. In the event that, the beneficiaries cannot make use of the value of the shares then how best to dispose of them?

Inheritance

Q: A person dies leaving behind some land. His parents are not alive. How will this land be distributed to his widow, two sons and three daughters?