Inheritance

Inheritance Question

Q: After the demise of my father I came to know that even a needle is divided. My father made so many things specifically for us (we sisters) to use like bed, bed sheet, mattress, study table etc. After consulting we found that these things will also come under division. The share holders according to shariah rules are wife, daughters (05), brothers (02) and sisters (02). There is no son.

My question

  1. If all these also comes under estate, then whether the clothes and books that my father gave me to use will also come under estate?
  2. If the cloths, towel, bed sheets will not come then why the bed and all which my father made for us is not our own and comes in estate to divided?
  3. My father gave us clothes and towel, bed sheets, mattress when we were going to hostel for higher studies. Will these things given to us, will become part of estate?
  4. Under the light of above questions, what about those things that he made specifically for his daughter’s marriage purpose, though the daughters are unmarried.
  5. A few of the things my father before his death kept solely, in the name of his daughters like wise few suitcases, some utensils, beds, racks, almira, etc. These things were always used by us daughters only. Will these things also come sunder estate? If so why, because in that case the dresses he bought for us will also come under estate?
  6. My uncle helped my respected father 25 years back with some amount to buy a house.Now he is claiming 50% in that house. My uncle never did claim such during my fathers life. Now he is claiming after my father's death with us. Is he true/justified in claiming that? He himself has said many times that he had only helped my father at that time and also he was not having any "NIYAT" of having this house at that time.
  7. If some of the shareholders of the estate deny receiving their shares according to shariat rules what shall be done. My father’s brother and sister are telling that these things belong to my father and as we are his children and wife they will not accept share. The share holders according to shariah rules are wife, daughters (05), brothers (02) and sisters (02). There is no son.

Inheritance Question

Q: We are four brothers and three sisters of whom one sister is unmarried. One of our brothers was working abroad. He died 2 years ago and left behind one widow and a son of about eight years. Our parents have already died. We have distributed the rest of the property of our deceased brother. But now we have received the salary arrears and other benefits of our deceased brother in cash. I want to ask that how this cash amount will be distributed. The rest of my brothers are of the opinion that as they sponsored all the expenses of sending our brother abroad so they are entitled to receive all the cash.

Inheritance Question

Q: I wanted to ask a question regarding inheritance. My father wrote a will many years ago , he has since passed away a few years ago and now only we are selling his house which is his only assett left to 2 daughters (me and my sister ) and 2 sons (my brothers). In the will it states me and my sister should each recieve 1 8th share each and my brothers and my brothers 3 8th shares each. This would mean my brother get triple our share. I know according to shariah my brothers should get double and not triple and im not sure if my father made a mistake or it was intentional as he was a practising muslim. So should we split the shares according to shariah or according to his will as i want to do the right and dont want my father to get the sin of distributing his asset wrongfully.

Inheritance Question

Q: If a widow has only one daughter - and when she passes away, would her inheritance be given only to her or would it be divided between the deceased's daughter and the deceased's brother.  If so, does this still happen if her brother is very wealthy in comparison to her daughter.

Inheritance Question

Q: A deceased is survived 2 wives and their respective children. With the first wife, the deceased fathered 2 sons and 1 daughter. With the second wife, the deceased fathered 1 daughter but the deceased and the second wife also have an orphan boy aged 6 years whom they adopted when the boy was orphaned at birth.  Furthermore, the second wife also has a son from a previous marriage.  How should the estate of the deceased be  distributed. The Will of the deceased merely states that his estate is to be dealt with in terms of Islamic Law.

Executor's remuneration from the estate

Q: A Muslin attorney is the duly-appointed Executor in a deceased Estate.  Is it permissible for the attorney to charge the estate of the deceased executor's remuneration as prescribed by law i.e.  3.5% of the gross value of the estate or should he waive the executor's remuneration and only charge the estate actual expenses incurred. Would it make any difference if the estate in question is that of close relative?

Making up an Islamic Will

Q: My father in law is very sick, and he wants to retire from work, he wants to make up his will now because he will need major surgery soon, he wants to give my mother in law 50% and my husband 50% of his provident fund and of his house. He had three sons, two of his elder sons passed away, and my husband is the only surviving child. Both deceased sons have a 1 daughter each, they both married non-Muslim girls and when they passed away their wives went back to their religion and also changed the children. My in laws have no access to the children, and only visit them when their mothers allow them too. My question is,  do these children also get a share in my father in laws will as their fathers were also heirs. Please advise what is the sharia compliant share for all these heirs, as we do not want him to be answerable for making an incorrect Islamic will.