Inheritance

Doubtful wealth

Q: A mother's wealth is either mostly haram while the rest is lawful, or all haram! One of these cases  apply. It is extremely difficult to know the extent to which her wealth is lawful or unlawful. This is based on a very extreme case of ambiguity and devious behaviour on her part. She keeps on pestering two of her children to buy a property.  They are hesitant due to her wealth, while she doesn't care for lawful and unlawful, nor does she understand that her children are aware of her extremely dubious past full of lying, stealing, fraud, riba, dishonesty etc. She thinks, because of her over confident personality, that everyone else is stupid, while she is aware and intelligent. This woman suffers from a severe case of egoism and cognitive issues, but is unaware of this herself. Apart from being irascible and volatile, their mother, in short, causes them major difficulties, which involve psychological and emotional distress. These two people who are both adults, have discussed this issue extensively. There is the issue of the UK inheritance tax, but if their mother gifts them this money to buy a property each, this would mean she would have to live for 7 years after this in order that no inheritance tax be paid by her children. This is a tax law that helps people either reduce, or avoid completely inheritance tax should then sign up to avoid it. They are both having trouble establishing themselves, even though they have the capacity to make it in life. It is just that right now they seem dogged and paralysed by this woman's demeanour, and are finding life very difficult along with other factors. One is living with her, and so is experiencing great pains! He is finding it difficult to be obedient, as she constantly harasses him and bullies him. He is on benefit, and financially is weak. The other is renting a room close by, but is struggling financially, dependent on benefits to provide basic living standards and food, and also dependent on his mother for food; well, both of them are. My questions on behalf of them are:

1. Despite Sharia's stance on taking from someone else's unlawful wealth, is it permissible for this woman's two children to purchase a property each using her wealth?  It would provide the start they need.  Better living standards, stability etc.

2. What if they can't do this, but wish to avoid inheritance tax, being their sole intention for buying the property, would this be allowed, while they both live in each bought property paying their own household bills with their own money?

3. Would they also be allowed to make a living from the properties by renting part of them out?  And would zakat be due on this, in this case?

4. Because of the unlawfulness assigned to her wealth, how would this affect Islamic inheritance?  Would the two brothers have to sell the properties after their mother dies, and divide the money up according to sharia amongst four of them altogether; or give the money away?

5.  If they are not allowed to take from her wealth, then what should they do with her inheritance as a whole after her death?  Give it to Islamic charity, inherit it etc?

Inheritance

Q: A woman dies, leaving no parent, no son, 3 daughters, 2 brothers from same father and mother, 3 sisters from same father and mother, 2 maternal uncles and 1 maternal aunt. Please inform me how much share each of the deceased's heirs will receive if 25 thousand dollars has to be divided.

Usurping the rights of orphans

Q: If a woman has children and the children’s father passed away, and the woman’s parents want to give the orphan grandchildren’s property to the woman’s brother, then do they have the right to do so? If not, then what should the woman do? Should she fight her parents and brother to take her children’s money and property back or should she ignore it and leave if for the Day of Judgement?

Inheritance

Q: I wanted to ask question regarding inheritance. My father passed away 25 years ago now. My brother and sister have had many disagreements through the years. So for so many years our brother has been maintaining the house and still is and about 20 years ago he bought his own house so no one lives in our family house now. I want to ask that because my brother and sister have disagreements and that my brother has been maintaining the family house by himself and also gave all of our father's debts. Does me or my sister have any right to ask for our share in our father's estate?

Inheritance

Q: I have a question regarding inheritance! My dad was with his father for 35 years. When business was doing bad my father suggested he leave and go on his own but my granddad said my dad and his family are his responsibility, that's why he musn't go! Before my grand dad passed away my granddad gave the key of the shop to my dad and he said this is for you and your family's survival. He only asked for R300 a month. Does it mean that the shop was supposed to be my dads including the property? Now my dad has passed away and his brothers are asking for a share? Are they entitled to the share or not? Please advise.

Getting married in C.O.P

Q: A couple was married in COP and the title deed of the house was on both their names because of the COP. The wife passed away without a will being made. The husband and 6 children are the surviving heirs. Do the heirs inherit Islamically from the house?

Inheritance - adopted child

Q:

  1. My question is that if a child is adopted in his very lesser age and in certificates also his father name is mentioned the adopted father. And If both these parents died with out any formal will for their wealth and properties, does this child has the right to claim the properties along with the other born children of those parents?

  2. If the mother says to give the equal right the adopted child is it compulsory to give part in that property. Please explain me in details as per shariath.