Inheritance

One of the heirs taking more than his stipulated share of the inheritance

Q: I want to know that a man who was in a government job dies (he has two sons and two daughters). Elder son gets job in his fathers place and gets well settled. Younger son did everything on his own but still not settled. In the light of Islam, should he get some extra benefit as the elder one got a government job? They have a paternal house on their mothers name who is alive.

Inheritance problem

Q:

Brother A sold a property in India and forged his younger brother B signature. When brother B came to know about this, he went to India to stop the transfer of the property. Brother B had to engaged a lawyer in India to stop the transfer and therefore had to incur expenses i.e. legal fees, airfare etc. We do not know at what price the land was sold but he did give all the inheritors what was due to them. The buyer is prepared to compensate brother B because he needs his signature to take transfer of the land. Recently brother B sold a property in UK and the money will be distributed to all the heirs. Brother B wants to deduct his India expenses from all the heirs from the sale of the UK property. I want to know if brother B is entitled to do this as the buyer of the India land is prepared to pay him a substantial amount, taking into account that that he gained from the disputed land.

Inheritance

Q: I have one son from my late wife and no child from my second wife. My widowed mother is alive and living with my younger brother. After my death how will be my property distributed and who will be the inheritors? Please advice the shariah ruling.

Inheritance disputes

Q: I have 2 uncles. They both are siblings. But they both hate each other and fought each other because of house issue. After the death of their father they want house to be their own. I can't see relations getting broken like this. Please suggest me how should I make them together again?

Inheritance

Q: My father passed away leaving behind: 5 Daughters 2 Sons and 1 late Son (with 2 children). On the day that my father passed away, he said to my brother in law: "If I die today then the Big Shop is for my eldest son, The small shop is for my other son, And my own house is for my grandsons, The other 5 shops are one for each of my daughters." What does Shariyah Law say about the distribution of the heritance in this case? What is valid? Shariyah or Wassiyah?

Inheritance

Q: Before mother passed away 4 weeks before in good health, one daughter has a conversation with mother "mum take your gold in the grave. Mum says what do you mean? I mean give it all in charity. Mum says I don't know. Mum you can make your niyaat. Mum says ok i'll do talk about something. Does this niyaat count now she has passed away nothing written down but sister is adamant to give in charity and the other sister wants to keep her mums gold.

Inheritance

Q: I have a question regarding inheritance. My father passed away about 17 years ago. In terms of assets, he left behind the house (of which 50% is my mummies), 3 old cars and his tools he used as he was a mechanic. Not long after my daddy passed away, the cars and bikes were sold and my mummy used the money to see to the expenses around the house and put my sister through college. At the time it was myself and my big brother that were working. I just started about a year before my daddy passed away. Now 17 years down the line, my sister wants her share of the inheritance. My mummy and nanima still live in the house and my small brother with his wife live at the back. Someone told me that we have to give her the share from the sale of the cars (even though my mummy used money from there to pay for this same sister's college). My mummy does not have that money anymore. She doesn't work. She gets pension and some money from my brothers. Please advise firstly, if we still have to give my sister her share from the sale of cars and bikes. Also, since my mummy is still in the house, if we are supposed to give my sisters share now? If you could please reply urgently, as unfortunately the situation has become very ugly and we want to resolve it ASAP.

Inheritance

Q: The question is pertaining to my husband's family property dispute. The great grandfather died without any will. He had 2 sons and unmarried daughters who died unmarried. The property was never really distributed officially between the 2 brothers (Dada and Kaka Dada) as they lived together. Kaka Dada did not have any children and Dada had 7 sons and 1 daughter. Kaka Dada adopted one son of Dada. Dada passed away first without any will. After his death Kaka Dada and his adopted son allegedly distributed the property among Dada's sons, daughter and themselves as per their convenience. Kaka Dada gifted one property to his adopted son's minor children. The whole process of distributing the property was such that adopted son got much more share than others. As only Kaka Dada was alive and he along with adopted son sold off most of the properties and never gave account of the same. Even after Kaka Dada passed away, adopted son took control of the whole property and sold some property. The other brothers never really questioned him but my mother-in-law took objection. She had helped Dada retain some land from government but never got any help from his husband (my husband's father). The adopted son harassed my husband's family by any means and expelled them from the ancestral house. Thereafter my mother-in-law lodged a case against the adopted son for irregularities in property distribution. The other brothers and sister was won over by the adopted son and no one helped my mother-in-law. My father-in-law was also made to obey his brother and he would give testimony against his own wife. The case dragged on for more than 30 years and still look like will go on and on. Meanwhile both my in-laws died and my husband took over the case. They are 3 bothers and 3 sisters. Unfortunately they have disagreements so my husband asked them to give him power of attorney to act in their interest. This is because only my husband has money to fight the case. Some days back adopted son's son contacted my husband for out of court settlement. My husband is in favour of this but doesn't have support of all siblings. Since my husband is running out of money for court case he wants this to end and take whatever best they can from the opposite party. Now my question is how should the property distribution have been done when great grandfather and then Dada died? Was Kaka Dada right in gifting some property to adopted son's minor children as it was not his own property but rather ancestral whose distribution was never done officially. There is no account of the sold off property and the money that adopted son received. His son says that my father-in-law was given some money but there's no proof of that. I would request you to kindly explain how to go about this settlement.

Property distribution

Q: We are so worried about the property distribution. Please give me answer. My grandfather died and he left a son (my father) and 4 daughters (my aunties). The whole property was willingly given to my father by aunties and they signed it at that time. Now my father passed away, our 4 aunties now giving stress and claiming the property division. Now our cousins (our aunties children) want their rights. Please give me some suggestion in Shariah can we decline it or we should give them some part/money to them.

Inheritance

Q: I want to know the share in an estate. Which is two houses two factories an one plot. My father in-law passed away nine years ago. He has three sons and four daughters. He was a retired teacher and also runs a business. His elder son doing work with him in that business and got monthly salary also. My father in-law starts another business for second son two times but unsuccessful. So they start third business on partnership of someone else  who is not a family member on fifty per share. My father in law also declared monthly salary for both his son and the other partner. My father in-law want to start one more business for his third son but he died before he did. All were living as a joint family and my father in law do all household and other dues himself. Now the matter is that the second son says the business he runs is his property only. No other one has a share in that business. After my father in law the elder son do all the expenses as his father had done. Now favour us how to share the state among seven children 3 brothers and 4 sisters.