Inheritance

Q: Queries related to Inheritance:

Scenario - A man left behind his wife, 3 daughters and 1 son after his death. He left behind a plot in which from one side a house is built and another side is vacant. Now this property is up for distribution among all the stake holders of it; however the same property was used as source of income in various different ways till today by his wife and son for 20 year (approx). Till date the maintenance charge of the property was born by the wife and son only.

Question 1 - The Total income earned by the property should be declared or not in front of man's daughters? Whether it should be divide equally or not?

Scenario - The wife is also getting pension till date as her husband was a retired government officer.  I believe she is fully entitled to use this money for herself.

Question 2 - However, If she is left with some part of this money then whether she is entitled to give this money only to his son or equally divide this among her children?

Scenario - The mother wishes to distribute her part of the property and give it to her son and 2 daughters (as the 3rd (youngest) daughter is dead now) which she has received from her husband's inheritance.

Question 3 - Whether she should divide this in 2:1 ration or she should divide this in 3 equal parts as this is a gift not an inheritance?

Scenario - The wife has also received property from her parental side in inheritance.

Question 4 - Is she entitled to give this property only to his son or she should divide this equally among her children?

Scenario - In last few years the wife is not keeping well and the Son is taking full care of her as she wishes to be with him. She is also totally
dependent on him because of her illness. 

Question 5 - Does this scenario changes anything in the distribution of the property? If yes then in which sense or case? Please give an example.

Question 6 - If the 2 daughters feels that her mother's (earlier referred as wife) decision while distributing her own property is being influenced by her Son as she is living with him and totally dependent on him then how to proceed further?

Scenario - The Son who stays with his family and Mother at the same place is not ready to sell his part of the property. He wants to keep the full house however the daughters want to sell their part.

Question 7 - Now if the Son decides to keep his part; the property will be sold in pieces which will reduces the total value of the property and the daughters will get around 20-25% less value for their share. Is it correct?

Question 8 - Do we need to consider the value of the house as well while distributing the property as the house is going to stay with the son only?

Scenario - The Son is claiming the full house which is built on the same land as he is staying there from the beginning with his Mother. Total
property 97x78=7566sq.ft. , Son’s share 3222.82sq.ft. (Including the share given by his Mother from her share), built up area of the House is
61x40=2440sq.ft. 

Question 9 - Now if the Son takes this house then he will take that part of land which will be in even* rectangular form and because of this the daughters will be getting the part of the land in uneven* rectangular form which will further reduce the value of the land for daughters. So how do we distribute this property? 

Question 10 - Selling the entire property will give all the stake holders full value of the property as well as the property can be divided equally to all the stake holders as the distribution will be done in the form of money. However it is next to impossible to divide the House (built portion) & empty portion of the land equally among the stake holders of the property; 2 out of 4 stake holders are planning to sell their portion. The 2 stake holders who wants to sell has 40% (approximately) stake in the total property. Also there could be discrepancy because everyone will try to take the front portion of the land i.e. facing road side as it will fetch more value.  Please advise how do we proceed further.

Q: This is a question regarding distribution of wealth if estate has been left with a wasiyyah that items be divided according to Shari'ah. I know about shares however confusion is on items be it property or accounts which may have been in the deceased name and a child's name. For example a joint current account or share certificates.

Q: Wife dies, leaves behind a husband, a son, 7 daughters and R200 000, what will everyones share be?

Q: Will the allati sister receive the same share as the haqiqi sister?

Q: My question is regarding the claim that the inheritance proportions as prescribed Quran in surah an-Nisa don't add up in some case. An example is this:

A second example is, that when a man leaves only his other, his wife and two sisters, then they receive 1/3 [mother, 4:11], 1/4 [wife, 4:12] and 2/3 [the two sisters, 4:176], which again adds up to 15/12 of the available property. 

What is the fact of the matter? and are principals such as al-awl(?) applied? If so, why are they applied if they aren't mentioned in the Quran?

Q: Will an illegitimate child inherit from his mother and brothers and sisters born from his mother out of wedlock? If yes, how much will he inherit?

Q: A Muslim lady got married to a non Muslim and had 3 children from him. If the marriage is not valid and the children are considered to be illegitimate and not inherit from their father even if later on he becomes a Muslim, are such children still considered to be illegitimate? Will they inherit equally with their brothers who were born after the fathers conversion?

Q: If I died how do I divide my house? I have 4 siblings all sisters and parents alive. Or, if I had the same situation but a divorced wife with my child then what do I do?

Q: If a man first married a woman and had 4 children, then divorced her and married another woman from whom he had 6 children. He had two houses, one of which he named for his second wife. Now that this man has passed away, and distribution of property has begun. Do the four children have any right over the house named in their step-mother's name? The 6 children from the second marriage say that they paid for that house so the 4 children from the first marriage have no right over it. Please can you explain what is the right way to go about this matter?

Q: A man left behind his wife, 3 daughters, 1 son after his death. In his estate there is plot of land of 97x78=7566sqft area. In which from one side a house is present on about 61x40=2440 sqft area. According to shariah the division of land will be wife=945.75sqft, each daughter=1324.05sqft, and son 1324.05x2=2648.10sqft.

But before the distribution of estate 3rd daughter died leaving behind her husband, 2 daughters, mother, 2 sister, 1 brother. According to shariah (I am not sure) the estate of  3rd daughter will be divided in 13 equal parts, in which 2 parts will go to mother and rest 9 parts will be in 2 daughter and husband portion. According to this 203.7 sqft from 3rd daughter’s estate will become part of mother’s portion i.e. mother’s portion will  be 945.75+203.70 sqft and portion of husband and daughters of 3rd daughter(who died) of the deceased will be 1324.05-203.7=1120.35 sqft.

Q1: When ever distribution is done is it mandatory to distinctly clarify the part of each share holder?

Q2: If yes for Q1 then for 3rd daughter what will done? Her husband’s and daughter’s portion will be clarified i.e. 1120.35 sqft and mother’s part of 203.70 sq ft OR 3rd daughter’s portion of 1324.05 sqft. 

Q3: Mother wants to distribute her portion of 945.75 and 203.7 among her children who are alive. Then she has decided to give 50% of her share to her son and 25% each to her daughters. Is it necessary for her clarifying each part before giving her share to any of her son or daughter? 

Q4: whether area’s of share holders can be shown according to following: 

Daughter 1= 1324.05+287.3625=1611.41 sqft

Daughter 2=1324.05+287.3625=1611.41 sqft

Daughter3=1324.05+203.7=1120.35 sqft

Son= 2646.1+574.72=3222.82 sqft