Inheritance and Wills

Alaikum wa Rahmatullahi wa Barakatuh,

Respected Fatwa Committee,

We respectfully seek guidance regarding a family dispute concerning the estate of our grandfather. We are not requesting calculation of inheritance shares, but rather clarification of the Sharia principles that should govern the matter so that the family may resolve it according to the Qur’an and Sunnah

Grandfather passed away leaving three sons — and three daughters.

Background
Son 3 migrated from India to Pakistan around 1990 to establish a business. During the Granfather’s lifetime, Son 3 received capital and financial assistance for this purpose. In addition, certain family assets in Pakistan were liquidated/distributed between the family members residing in Pakistan, namely Son 3 and one of the daughters. These assets were retained by them without being shared with the siblings residing in India.

The daughter residing in Pakistan, has stated that her mother (Grandfather’s wife), had informed her that the common assets situated in Pakistan were intended for the children residing there, while the common assets situated in India were intended for the children residing in India.

The daughters residing in India were given residential flats by the Grandfather during his lifetime and possession was transferred to them. Although there was no written statement that these represented their inheritance shares, the understanding of at least one surviving daughter was that this was her allocation from the family wealth.

In India, the Grandfather, Son 1, and Son 2 were legal partners in the family business under a formal partnership deed with defined ownership shares:

Grandfather: 40%

Son 1: 30%

Son 2: 30%

Sons 1 and 2 actively managed, operated, and developed the business for many years through their full-time involvement, while the Grandfather reduced his daily involvement.

During the Grandfather’s lifetime, the three business partners (himself along with Sons 1 and 2) had agreed that the wedding expenses of the children of Son 1 and Son 2 would be reimbursed from the business.

The wedding expenses relating to Son 2’s children were paid from the business during the Grandfather’s lifetime. Son 1’s children were younger at that time, so their corresponding reimbursement was paid after the Grandfather’s death.

At the time of this payment, Son 1 and Son 2 were the surviving business partners, and Son 2 accepted and agreed to this settlement before the remaining business capital was divided between them.

During the Grandfather’s lifetime, certain properties and business-related assets were acquired from business funds and were legally registered/transferred to other family members with his knowledge and without objection.

Current Issue
Approximately eleven years after the Grandfather’s death, Son 3 has raised questions regarding certain arrangements relating to the Indian business and assets.

In particular:

He questions whether certain assets connected with Son 1 and Son 2 should be considered part of the Grandfather’s inheritance.

He contends that the amount paid to Son 1 after the Grandfather’s death for his children’s wedding expenses should be treated as Son 1 receiving part of the inheritance, rather than a settlement of a pre-existing business agreement/obligation among the partners.

We therefore respectfully request clarification on the following Sharia principles:

Questions
1. Where a father and his sons were legal business partners with a written partnership deed and clearly defined ownership percentages, should inheritance apply only to the father’s actual ownership share at the time of death, or can the entire business and its assets be considered part of the father’s estate?

2. If business partners agreed during the father’s lifetime that certain family expenses would be reimbursed from the business, but the payment to one partner occurred after the father’s death due to timing circumstances, and the only remaining partners accepted and settled it, should this payment be considered:

a settlement of a valid business obligation/agreement between partners, or

an inheritance distribution received by that partner?

3. If assets were purchased, registered, or transferred during the father’s lifetime with his knowledge and acceptance, can heirs later challenge those arrangements after his death and include such assets within the inheritance estate?

We request your guidance so that the family can correctly distinguish between:

a. the actual estate (tarkah) left by our Grandfather at the time of death,

b. valid partnership rights and obligations, and

c. arrangements or transfers completed during his lifetime.

Our aim is to apply one consistent Islamic principle to all family members and resolve this dispute fairly in a manner pleasing to Allah.

Jazakum Allahu Khairan.

Assalaamu Alaikum Wa Rahmatullaahi Wa Barakatahu.

Dear Brother – Could you please go through the below details and kindly guide me. Frankly I am helpless, stressed and worry of my health, my future & kid’s as well. Thanks in advance.

I am the only Son to my parents who are 72 & 67 years old. I have 2 eldest and 1 younger sister. My parents live in hometown, and all my 3 sisters stays nearby my hometown with their husbands’ families. I stay in a city (Hyderabad, India) with my family (wife+12 years old Son+11 years old Daughter).
I started my career around 22 years back and since then I have been most obedient and supportive to my parents in all the aspects. As per my father’s wish and mine, we built mango farm from scratch in the land which is given to us by my grandfather. It is 12 years old of farm now which is completely managed by my father. Most of my job savings from the job went into mainly Mango farm development, clearing my father’s debts, supporting my youngest sister’s marriage, my parents medical needs (surgeries + pharmacy which are always in corporate hospitals), home repairs etc…, My father is a retired state government servant receives monthly pension, 2 houses monthly rents and income from mango farm. He lives in a own house. Frankly to say, since my career start, I am completely independent and till now I did not receive any money from my parents. My father never shared with me his details like how much he receives as monthly pension/rents and also from mango farm. If I specially asks then he diverts the discussion either going into some different topic, going away from me OR by saying health is not good, will talk later. This has been the trend since last 5 years.
I have my immediate family to feed and I too have responsibilities towards my wife and kids in terms of education. As long as I am giving money to them whenever they asked then there were no issues. When I started asking to share the savings then absolutely no comments. Since then they started spreading false information to my sisters, relatives and neighbors. Worst case is to the hospital doctors also. They wasted my money in investing into my father’s brothers lands. They took money but didn’t register the properties as they started demanding more money. Now it is in courts since last 7 years. This occurrence happened in another scenario too.

I was the last one to get married (with my own expenses) and at the time of my arranged marriage, my parents clearly told me and my in-laws that whatever is available all belongs to my Son i.e. Myself. They clearly stated that there is nothing to be given to daughters. Now since last 5 years they changed their mind and they want to give share in the mango farm where neither my parents nor my sisters spent any money towards development. Also want to give a house(s) and for that the reason being given is “whoever takes care of us will get it”. Only half of my ancestral land is on my name and rest is with my father.

Frankly I never had any other bad intentions when I had been spending money towards my parents since 22 years. Always listened and sent them the money as I am the Son and have to take care of my parents well. There were multiple occasions where in I had to loan the money to give to my father. But now my father disagrees with me on the money spent by me. He declines. I wanted to solve the issue in a friendly way. I asked them to do some agreement in which it says so and so belong to his son & daughters upon their death. Since my career, they never gave me any money and now I am requesting them to share with me some money as my kids education expenses grows and I am also getting old. But none of these concern to my parents. Whenever they have any medical need or surgery needed then they politely come to my home in the city. As soon as their need is fulfilled then they simply vanishes. They hardly speak to me and they hardly take my calls. Now they frequently leave the hometown house and spending more time with my sisters and spreading all the false information. Due to this there were few incidents where in I had to raise my voice to show them how I feel and how am I concerned about my future and kids. But none of it concer them. Due to which I feel stressed and always thinking why they are giving this kind of treatment to me. Their daughters did not clear any of their debts, never helped financially but my parents are now spending time with them and hardly connect with me and my family. They are blackmailing me to do whatever I can. Since my father is the eldest in his family so his brothers and sisters do not talk anything about him. I tried to resolve it with my village elders but he did not show up. He always escapes. Whenever any medical need comes then he always say everything belong to you only. Even recently a month back also he said the same. But he again backed out of his promise once the surgery went well and discharged. Sorry to say this but my parents are liars. They always try to blame me only even though I utter the same statement what they said in the past.

Hope you understand my issue. Now could you please help me out with my further course of action? How to resolve my matters? I am feeling lonely, stressed a lot which is impacting my life at home.

A husband purchased several lands and partnership shares of a firm using his own earnings. He legally registered all these assets in his wife's name during her lifetime. His intention for this registration was to ensure her financial security in case he passed away before her.

However, the wife passed away while the husband is still alive. The husband now claims that since his specific intention (providing security after his death) can no longer be fulfilled, the gift is void, and he should be the sole owner of all those properties.

The Heirs: The deceased woman is survived by:

Her husband

Two sons

Two daughters

Our Queries:

Under Shariah (Hanafi Fiqh), once a husband gifts a property to his wife and completes the legal transfer, does it become her absolute property (Milk)?

Is the husband's claim valid that the property should revert to him entirely because his "intention" was not met?

Since the wife has passed away, how should these properties (now part of her estate) be distributed among the heirs mentioned above?

Kindly provide a detailed ruling as this is an urgent matter causing disputes within the family.

"Salam, Dear Respected Mufti,

I want to ask a question regarding inheritance. We are two brothers and two sisters, i.e., four children of our parents. We had one house which my mother had built with great effort, and part of it was also in my father’s name. The house was in my father’s name. Then, my mother passed away in 1986. After some time, my father received a golden handshake from his job and used that money to further build the house, but in 2001, he sold it. After that, in 2002, my father bought a flat which was in his name, and we, the two brothers, lived with our father in this flat. Our sisters were married at this point. My elder brother built another flat on top of the original one using his personal money, where he lives with his family (this is against government rules, meaning it is illegal), and I live downstairs with my family. My father passed away in 2009. Now, we want to divide the inheritance according to the Islamic law of inheritance.

Please clarify the following:
How much share will the brothers and sisters get from this flat?
What will happen to the flat that my brother built using his money on top of the original flat?
Will both flats' value be included, or only the value of the lower flat will be considered for division?
Since my father passed away in 2009, will we have to pay rent to the two sisters for this period, as inheritance is now being distributed?
According to Islamic principles, if the property is in the mother's name, what is the share of the daughter and the son? And if it is in the father's name, what is the share of the son and daughter?"
Please provide detailed clarification and send the fatwa with the stamp of the institution.

Thank you."**

My wife and I share a property with a mortgage. The mortgage is in her name. I live there and benefit from the property as my home. When my wife dies the debt will not pass to me legally. Is it right that I benefit from the property but do not share the burden of the debt if I die.

Salaam,
I helped my deceased father in buying a house. My father invested 17 lacs and I invested 10 lacs. I have 5 brothers and 2 sisters. Since the house is a joint property, please guide where do I stand in this situation?

Assalamoalaikom. My Question is regarding inheritance. I will give you the background to the whole issue. Me and my 2 brothers including our parents were financially in a joint system. I lived in Pakistan with my parents whilst my brothers worked in the uk . We lived in Pakistan mostly on my father's pension . Now and then my brothers would send money. If we wanted to buy land etc they would help my father . I was studying in madrasah so I couldn't contribute. In 2001 my brother and my sister came to Pakistan to marry off my neice (sisters daughter) . My father paid for the whole wedding including her gold jewellery. This act of kindness of my father saved my brother and sister the money they had brought with them for the wedding. So with that money my brother went and purchased some property in Islamabad. He wanted to keep the property in his name however my mother told him your father is alive you have to buy it in your father's name . Whether willingly or unwillingly he purchased the property in my father's name. Now our father has passed away. My elder brother has mentioned many times to me that he wanted to purchase that property in his own name but was forced to buy it in our father's name. My question now is after our father has passed away does this property come into inheritance or do we all brothers and sisters leave it to my elder brother? Please note in 2005-2006 I came to UK and also contributed monetarily towards our joint family financial system . We all separated amicably in 2006 and went our own ways financially. My father passed away in 2018.

Assalam o Alaikum
Dear mufti sahab i have a question regarding property issue as my father died
almost 25 years ago and we are 7 brothers and 5 sisters living with mother
Alhamdulillah. My father left some agricultural land which we have not
distributed untill now for some reasons but we are now agreed to divide
according to shariah. My question is as in 25 years we have purchased other
properties as well like house, plots, car and tractor etc from the same
agricultural land now how we divide the other property which we purchased
after father. Please give answer with reference if possible
JazakAllah

My father inlaw has 3 daughters and he died in August 2009 and mother Inlaw died in April 2021. Father Inlaw has two brothers and mother Inlaw also has two brothers. How the property will be distributed? Will Some portion will go to their brothers?

My grandfather had 4 daughters and 2 sons when died and my grandmother was alive.now during the life of our grandmother one of her daughter(my aunt) died and now my grandmother has passed away.Now does the share of deceased daughter(my aunt) exist and given to her children?

My wife helped me All my life.
While I am still alive I want to give her every thing, all my assets as a gift