Q: We are three children among whom, my elder brother is the adopted one. Only me and my younger sister are from our parents. For my father there was no inheritance property from his father i.e., my grand father. What ever he earned is his Alhamdulillah and the whole property was in my mother’s name. Few years back my father died suddenly. We have one house and two lands. As per my knowledge he wants to give that house to me and land to distribute among my brother and sister. Few years back my mother also died. Initially she wanted to give that house to me. But as there is pressure from my brother’s side, she wants to give 50% share to my brother, with which I was not happy. She told me to write that she wants to give 50% of house and one land to me and brother and one land and some jewellery and amount to my sister. After her death the house was taken by me and one land by my brother and one land to my sister and some jewellery and money was distributed among us. What I want to know is:
1. While distributing the property the money which was spent to on my brother’s (who is adopted) studies his marriage and my sister’s marriage and studies and marriage (which is less compared to my brother and sisters) will also be counted?
2. House was taken by me and one land too and Rs. 300000.00 by my brother and one land and small jewellery by my sister. House cost almost 3 to 4 times of each land. Is this correct?
A:
1. What was given in the lifetime of your father is not taken into the inheritance.
2. The shari`ah has its own distribution. The share of every heir has been stipulated by the shari`ah. An adopted child does not naturally get a share without a bequest being made for him. If we know all the heirs of the deceased i.e. his children, parents and spouse, as well as if he has made a bequest then we will be in a position to guide you correctly.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)