Q: I have a question regarding inheritance! My dad was with his father for 35 years. When business was doing bad my father suggested he leave and go on his own but my granddad said my dad and his family are his responsibility, that’s why he musn’t go! Before my grand dad passed away my granddad gave the key of the shop to my dad and he said this is for you and your family’s survival. He only asked for R300 a month. Does it mean that the shop was supposed to be my dads including the property? Now my dad has passed away and his brothers are asking for a share? Are they entitled to the share or not? Please advise.


A: If your grandfather only gifted the shop to your father without the property, then your father will only be the owner of the shop and the property will form part of your grandfathers estate which will have to be distributed according to the Shar’ee stipulated shares of inheritance.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)