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Inheritance

Do illegitimate children inherit after their parents get married

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?

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Dividing house after death

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?

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Inheritance

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?

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Inheritance

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

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Family broken up due to estate problems

Q: My father were 4 brothers and 1 sister. As my grandfather expired at such a time where my father and his siblings were quite young, my father's eldest brother therefore took care of the family business. My grandfather owned a leather factory. Few years things were going well Alhumdulilah but later after the marriage of my father's eldest brother he deprived everybody else in the family except his mother of the income which was till now being generated from the factory. He said that because since so many years he was looking after the business therefore the factory was now his and nobody in the family was to put his claim anymore. My grandmother also supported him because she was getting her monthly expenditure from him. My father, mother and the rest of my uncles and aunt took the matter to the court but even there my eldest uncle did something because of which my parents had to withdraw the case. Since then, my parents were in a very bad financial condition and had to suffer a lot. Now the state of my family is like very hostile towards each other. My eldest uncle has now expired and his wife has taken over the business and we are still deprived of the income which is generated from the factory. This hurts my parents and many a times a fight ensues. The  daughters of my eldest uncle has abused my mother very badly and said things to her which was worst than the worst. Keeping all the situations in mind, what should we do now as we are not in talking terms with them but fear Allah's anger that if we break ties then Allah will be angry but being in talking terms with them is very tough as they even think that we are doing so in order to gain benefit from them which is not true. As they have abused my mother I just don't feel like being good towards them any more. What should be done in this case? And what is to be done with the factory thing? Don't we have any right over its income? Its been 25 years nearly since we have been deprived of our rights. 

Inheritance

Q: In the case of two brothers who have been entitled to a property as inheritance from their father, each brother got 50%. Thereafter one brother owed the other brother quite a sum of money which amounted to his half share of the property. The other brother then asked for this brothers share in the property as a settlement for his debt. In desperation, he signed over the share. Was this correct that he had to sign over his inheritance for the sake of paying back a debt or should they have worked out another way to pay back the debt? Is it fine to take inheritance?

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Making wasiyyat for a grandson

Q: I would like to know if the marhoom used to say that when he passes away, a certain property must go to his grandsons, then is this a wasiyyat. The grandsons are not heirs.

Who is responsible to divide the estate?

Q: Who is responsible for the estate to be divided if a man dies leaving behind his wife, 3 daughters (2 married and one unmarried) a son of 20-21 years?

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Who is responsible for the division of the estate

Q: My father died leaving behind my mother, 5 daughters, 2 brothers, 2 sisters. According to sharia after deducting the burial expenses, debts and one third of the estate for bequests, the estate will be divided into 720 shares and will be distributed as follows: The wife will receive 90 shares, each daughter will receive 96 shares, each brother will receive 50 shares, and each sister will receive 25 shares.

One of the sisters died after my father’s death.

One of my uncle (father’s brother) and one sister denied taking any share.

Children of one sister who died after my father’s death are also denying taking their mother’s share.

  1. What should be done?
  2. Who is responsible for the division of my fathers estate?
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Inheritance

Q: In 1987 my father died living behind my mother, 3 sisters and 1 brother. The estate is a plot of land of 7566sqs ft with a constructed house of about 2500sqft. My mother, brother and one sister till her marriage and one sister with her husband and kids were staying in the house. Till 1998 nobody did the division of estate. However, my mother and brother were using the house and the open area as per their wish. They kept tenants in the house and open area to people for use to earn money. My two sisters left the house in 1991 and 1998. I asked my mother that as division has not been done so I should get the share from the earnings from the house. But no action was taken at that time. In 2009 when I lost my husband at the funeral my brother said to divide the estate of my father. However from 2009 there were only discussions and nothing was decided jointly. But my brother proposed that he will take full house and will give open area as share to the sisters. When in 2012 I told to my brother that I will also stay in the house he does not let us enter after several times saying that he has no objection. And he is earning from the house and not let us enter the house to stay. 

  1. Does Shariah allows my brother and mother use the full house alone from 1987 as per their wish?
  2. Is there any share for us from the earnings because we are also share holders of the house?
  3. Can we sisters claim for part of the constructed portion & unconstructed portion according to the total area we can get from the whole property?
  4. If at all we get the portion of of the house it will be too small to use and it will require some basic renovations. Who will bear the cost?
  5. If we want to demolish the part of house which we may get after division, then who will bear the cost for pilling pillars for saving my brothers portion?
  6. He is not letting us enter the house and I am staying on rent. But he is staying free in our father’s house. How this can be solved? Is he not responsible for our rents?
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