inheritance

Q: My father has passed away and has left property behind (house, animals, some cash) please guide me regarding distribution among siblings. The following details might be helpful for you:

1. My grand parents are not alive (brothers of my father are alive and have childrens)

2. My father already shifted the house on my name in his life (because he did not want to distribute it to other share holders)

3. I have mother and 3 sisters all of them are married and two of them don't want to share property (voluntarily)

4. My step sister under 18 years she lives with her mother (my step mother who was divorced)

Q: If a person is paying someone in instalments for a house. What should be done if the creditor passes away before all the instalments are paid? Who should the outstanding instalments be given to?

Q: The purpose of this email is firstly to educate myself on how to cope with such a dilema and how I could sit down and advise my father on what has happened and InshaAllah he can put this particular issue to rest. These things are constantly on his mind which is affecting his health, basically he needs closure.

The estate in question is of my uncle, my fathers brother. He left behind no children, a widow only. His widow was the executor of his estate. She distributed the estate to herself on the basis my late uncle gave her everything he owned two days before his death. She has a fatwa from a respected mufti that what she did/is doing is correct, Mufti's fatwa was correct on the information he was provided but does not tell the whole story.

My uncle passed away from cancer, he suffered before his death. In my personal opinion he was not in sane state of mind in the weeks before his death. He verbally abused my parents when they visited and even stated openly to everyone he will not let my father inherit from his estate. So our family accepts that his living request was not to distribute his estate according to Shariah. And we have no control over his estate as we were left out of consultation when it came to this matter.

Her defense is Mufti's fatwa says everything is done according to Shariah. Apparently there was witnesses to my uncle verbally giving everything to her in that two days before his death, but no one willing to come forward.

My father is very upset in the manner in which his one and only brothers estate was handled, for example he was excluded from the will reading etc... My father accepts the facts that his brother did not want him to inherit. Also he has no intention of claiming from this estate, besides him having no legal claim whatsoever. All he wants is clarification on the events leading to the conclusion that his brothers estate is done islamically according to Shariah. Verily Allah (swt) knows best.

My father is very strong headed when it comes down to whats right and wrong. The amount of disunity in the family this has created is very sad... Two questions I may ask please...

1. Please advise me what advise i can give my father on dealing with this matter as it is not healthy for him to carry on like this.

2. Based on the Above events, taken into account everything is done according to Shariah, does my uncles wife have the right to claim his full share from My GRAND FATHERS estate.

Q: Estate of deceased father:

1. (Father- passed on in 1979) left one immovable property in his will currently valued at R1,495m.

2. The will made provision for his wife (passed on 2001) to have use of the property until the day she passed (usufruct) and left the 11 siblings as the owners of the property (bare dominium) - to either sell the property after the mother passed on and/or if the heirs agree to do so. (Is this clause permissible in Sharia especially in light of their now being a dispute regarding the sale of the property)?

3. 1 Brother and family lived in the house since 2000 to date as well as another two-sibling’s; a sister (unmarried) and brother (mentally retarded passed on in 2016).

4. Neither of the siblings living in the house has ever paid rent, but the sister who used to work maintained the house and the brother who resides in the house with his family has made extensions to the house to accommodate for him and his family.

Family dispute:

1. The two oldest living brothers currently want to sell the house of their deceased father and wind up his estate according to Sharia law of Inheritance.

2. The other 4 siblings are disputing the sale of the house. Reasons being

– Brother who has built on refuses to move with family.

– Unmarried sister refuses to live with any other brother & family.

– Youngest brother feels he needs to protect brother living in house.

– Other sister refuses to get involved and does not want to offend sister.

3. Did the mother have the right to grant consent to her son to build the extension without the necessary consent from the other siblings who were the true owners (bare dominium) of the property by way of inheritance?

Possible discussions of sorting matter out:

Brother residing in house wants to be compensated for the extension in addition to his share of inheritance? (Approval was not sought from all the heirs and no agreement to the extension, also he has never paid rent.)

Sister who resides in house wants to claim compensation for looking after mentally retarded brother and mother all the years hence wants her share to be increased accordingly? (Even though she claimed all the government subsidies of both).

The 4 siblings want the property to be sold to the brother’s daughter (who resides in the house with her father) at a below market value, and she can only afford to do so in the next two years. They also offered the two brothers wanting to wind up his estate their share of the inheritance and thus only settled the remaining heirs at a later stage (approx. 2 years), remaining heirs are widows and children of diseased brothers.

Can such an offer be made or accepted? Brothers wanting to wind up the estate are being treated ruthless, its affecting their health and they at a stage where they feel like giving up. Please advice accordingly.

Q: My dad has given the house to my mum and brother while he was alive... however this was said verbally in front of those residing in the house.

My question is, does the contents of the house form part of the estate such as the fridge, lounge, table and chairs, etc. (He was the bread winner of the family).

Q: I would like to know the ruling on wills from non-Muslim parents. I understand that one cannot recieve any money or possessions stipulated in the wills of non-Muslim parents unless it is less than 1/3, but if the will stipulated that the living parent gives the money or possessions throughout the life until it is paid is that permissible?

Q: Can an heir be an executor?

Q: I have an elderly relative, who is unmarried, and whose closest family is her niece and nephew, and their children. These are her niece and nephew from her deceased sister. Beyond that she has cousins, and more distant relatives only.

She has asked me to get her an Islamic will, and advise her as to how the estate should be administered. I think she has the intention of leaving everything (or most of it) to her niece, who is struggling financially. Would this be permissible?