MuftiSays.com
 

Question & Answers

     Goto Question: #     You are here:    » Q & A Home » Death - Janaazah » Complicated Inheritance
     
Submit Question
Submit Question
 
Categories
  Death - Janaazah (42)
  Food Related (200)
  Hajj / Umrah (44)
  Health & Medicine (28)
  History (18)
  Imaan / 'Aqaaid (130)
  Living in the West (94)
  Marriage - General (116)
  Marriage - Issues (29)
  Marriage - Over 13 (103)
  Miscellaneous (296)
  Ramadhan (111)
  Salaah - Performing (129)
  Salaah - Recitation (23)
  Salaah - Wudhu (81)
  Tafseer, Hadeeth, Du'aa (36)
  Todays Issues (101)
  Women (185)
  Zakaah (23)
 
What's new?

17th May 2012
Divorce statements and metaphors
Marriage - Issues

17th May 2012
Benefits, Tax Credits and Related
Living in the West

17th May 2012
Shariah Will - Estates
Miscellaneous

17th May 2012
premature ejaculation
Marriage - Over 13

15th May 2012
Madhab of Isa alayhisaalam and Imam Mahdi
Imaan / 'Aqaaid

15th May 2012
Changing from Hanaafi to Shaafi?
Marriage - General

15th May 2012
Performing Salaah in Jamaat
Salaah - Performing

15th May 2012
Tableegh Jammat Teaching is Wrong
Miscellaneous

15th May 2012
discharge
Women

15th May 2012
Istikharah Signs
Salaah - Performing

 
Ads
 
 
 

Complicated Inheritance

Question date:   27th February 2011
From:   Siraj
Short URL:   http://qa.muftisays.com?4142
Notes:   No Notes
Question ID:   4142
Email this Page
Email this Page

Salaam,

I would like to ask a question regarding inheritance. My parents are from Gujerat India. My mother has passed away and i thought I would ask my mother’s side of the family to sort out my mother’s inheritance. My Mother’s side of the family were 4 brothers (all pased away) and three sisters(two passed away including my mother, with my one aunty still remaining). I went to my mum's brothers sons to ask the question on when the inheritance would be sorted out.
The brother’s kids replied in the following way:
In the year 2000/01 a valuation was done regarding all the estate and everyone’s share was calculated, out of which the sister’s share was 4.5 lakh. The sisters were then given 1 lakh with a 3.5 lakh remaining as per this evaluation. Now all that remains to be given in the present day is 3.5 lakh as per the valuation of 10 to 11 years ago. Out of the three sisters’s one was living in India and two in London. The one in India was given the 1 lakh with witnesses and was told about the above (her husband and kids contest this and clearly states that the above brother’s version is untrue). My mother who has now passed away was given the 1 lakh direct by her brother in India and the one sister who is alive was given her 1 lakh by a third party.

The One sister who is alive with the remaining kids of the two deceased sisters are saying:
The sister who is alive is saying she was never told about the whole valuation or even told about her share in the estate, she did recieve 1 lakh (given through a third party, STILL ALIVE) The third party told her it was for a piece of land that was sold and the sisters share of this was 1 lakh. At no point did the brothers or their kids ever tell her about a whole valuation that had happened or she was never explained about it (NO KNOWLEDGE). She also has proof from the person who put the 1 lakh in her bank account who will state that this was the sisters share of a piece of land that was sold and not the whole estate. The two sisters, who have now passed away, were alive ten years ago and also recieved 1 lakh each and were also told that this was for their share of the piece of land that was sold, not the whole estate. The two deceased sisters kids were told by their mothers at the time that this 1 lakh was her share of a piece of land that was sold. Never were they also informed that this was their mother’s share of the whole estate, or agreed to it.
Proof:
The brothers family have nothing in writing from the sisters that states that the valuation was recieved, read or agreed to by the sisters. All the brothers side are presenting is that they have two witness who gave the 1 lakh to the 1 sister who lived in India and she was told. Also the brothers side have produced a valuation which was done ten to eleven years ago, and was taken to a mufti at the time to work out who gets what and how much. This valuation is not dated, is not a legal document or has it been signed by anyone of the brothers or sisters to acknowledge it or agree by it.


Question:
Can you please advise as this conflict is going to hurt my mother’s family which I don’t want. All I would like is my mother’s share as per sharia law.

1) Are the brothers families allowed to insist that the evaluation 10 years ago stands (even though they have nothing legally binding)?
2)does a new valuation need to be done and then as per the new valuation all shares should be worked out as the valuation ten years ago is too old?
3)If the old valuation should stand, then should all abide by the old shares not only the sisters? If so this will leave a surplus of money, should this money then go to charity?
Wassalaam

Answer

Ulamaa
Ulamaa ID 02

Answer last updated on:
23rd September 2011
Answered by: Ulamaa ID 02

Website
Location:

بسم الله الرحمن الرحيم - الحمد لله رب العالمين و الصلاة و السلام علي سيدنا مولانا محمد و علي اله و أصحابه أجمعين

السلام عليكم و رحمة الله و بركاته

This is a disputed matter that involves many others and would require the submissions of all parties concerned before an informed decision can made. It is not possible, feasible or beneficial to answer this question through this medium. I suggest this case be taken to a shariah council comprising of pious ulama that are respected by all the stakeholders involved so that it may be resolved amicably. If possible, the details of the assets in question, method of valuation and the contact of the Mufti mentioned should be kept at hand to give to these arbitrators.

--------------------------------------
Mufti Saifur Rahman Sahib
London, UK

Search Q&A
Search for:
 
Recently Viewed Questions
Complicated Inheritance
hijab in front of paternal/maternal uncles
Istinja
Hunted meat.
Does my Divorce count
My question regarding talaaq
TALAQ - URGENT CONFUSED FOR MANY YEARS
Talaq Clarification
stolen goods
abort
need n urgent answer as per islam please
Accepting payment for a gift already given
Single words of divorce
More questions about divorce statements and metaphors
Marriage issues, waswasah and talaq
are you allowed to change your name
Dreams
Krispy kreme, halal or not?
star signs/ horoscopes
is this divorce valid or not
Hassan & Hussain as Leader of Youth in Paradise
missed fasts for elderly & fidyah
the repetition of the word 'We' in the Quran
Burning images?
Invalidating Salah, Nasheeds, Celebrating Mawlid
ANSWERED: Isa (Alaihis Salam)
swears
Al Najashi (Ethiopian King)
disadvantages of working women....
Follow-up on your answer regarding rennet
Death of Abi-Talib
Marriage - Contacts before Nikah
moon sighting
ANSWERED: Keeping the name Kabir
spinal cord halah or haram?
sahoor time and eating unknowingly.
burden of others mistakes.
ANSWERED: Keeping any name
namaz/kafn
ANSWERED: is hotkey makrooh
Too many questions to count(mostly combat related)
ANSWERED: Travelling with/without mehram
Takbir - Days of Hajj
(Urgent) Can Jews & Christains also go to Heaven?
ANSWERED: Cutting Hair
haiz/discharge
praying behind salafis
Sa'ee of Hajj
Full scale Hijab
State of our prophet(sm)
Prophet's names
need your urgent reply....please
the faraidh of hajj
ANSWERED: Eyebrows
nikab?
ANSWERED: Istikharah
halal or haram ?
qurbani
regarding the Tsunami
ANSWERED: about halal when doubtful
Hassen Rasool
Disposal of islamic cassettes, cds and papers
ANSWERED: Reciting letters from the wrong place
hanafi fiqh books
Speaking to non-mahram shop vendors
Inheritance of child conceived prior to nikah
What is shafi and hanafi?
Jamaa'at at Masjid
why?
Shahmir Name
renting property to bank
Did divorce happen
brown/yellow vaginal discharge after habitual days of haidh
Women's I'tikaaf - Where to go?
Working for an Islamic Banking Section on Commercial Bank
marriage - getting along
Pubic hair.
Do i have to give zakah if....?
Asthma Inhalers-VERY IMPORTANT ANSWER ASAP PLEASE
Acceptance witout witnesses.
Working in west
Halala
Stunned or un-stunned
i love a girl who is qadiani , and i want her to convert in Islam ,
Laylatul Qadr-URGENT
ANSWERED: television
ANSWERED: Tuna Fish
Shafi'ee Madhab
what is fatwah
most threatening to muslims
civil divorce by law
Changing surname after marriage
talak written
ANSWERED: SECRETINE in medicine
ANSWERED: SECRETINE in medicine
ANSWERED: SECRETINE in medicine
Am I doing bid'ah?
hypnotising
Which are the Pets Allowed in Islam?
ANSWERED: SECRETINE in medicine
ANSWERED: waqf on hamza
Zakaah ajdustment for bank balance & loans
bank lease & Zakaat?
ANSWERED: SECRETINE in medicine
ANSWERED: SECRETINE in medicine
ANSWERED: Using interest money to pay for fines & ticket
talaq pronunced once- does that talaq stand?
Divorce & Remarriage
ANSWERED: Using interest money to pay for fines & ticket
ANSWERED: Using interest money to pay for fines & ticket
chas salat
re-marriage after divorce
delay Nikaah or delay consummation?
ANSWERED: Zabiha of Shi'a
miswak at death bed?
dua
is reiki allowed?
Allahu Ahad or Ahadun?
ANSWERED: Shaikh Tantavi's comment
Tabari (Ibn jarir) on Isa (AS) crucifix
mahram?
Prophet samuel (AS) and goliath?
 
Stats
Total Questions: 1858
 
Sponsors