Q: A mother (widow) in her life time verbally announced that she is giving her two daughters each a house so the day she passes on she will be assured that her two daughters have a roof over their head. Strangely one brother decided to put the properties into a family trust 20 years ago while the mother was still alive. The mother owned a number of properties and was receiving rent income from most of these properties. The said brother handled her finances for many years. 11 years ago she past on  and the said brother inherited all her properties and kept her monies. The sisters were told that the properties will be transferred to their names over this period. The sisters were paying exorbitant amounts in rates and taxes to this brother. One paid R1250 and the poorer one pay R900 on a monthly bases. Not so long ago this brother decides that the properties should go to the children of his sisters. He made the children sign documents in making them believe that the properties will go to them. It comes to light that he was lying. His first wife’s children both girls would get 30% each then he has a second wife of two children were born out of wedlock. This daughter would get a 40% share. Many family members were sent to him, but he is so arrogant and boastful. He is untouchable and no one can do anything to him. He will use all his reach to destroy those that come in his path. Someone now recently told him that his late mother is turning in her grave. His response were that’s her problem. She is dead and no one can do him anything. He uses gangsters to scare people who want to testify against him. He bribes building inspectors and erects insecure buildings (Flats). His daughters believe their father is right in doing so and they have cut ties from their family because of this. The sisters have been staying on these properties for 21 years. Please give some reference from the Qur’an so I can forward to this arrogant person’s children. He is very sickly. He could go any time. I want to give this persons children the proof of the Qur’an and their punishment if they collaborate with their father.


A: If the daughters did not take control of the properties after the properties were gifted to them then the properties form part of the late mother’s estate. In this case, the sisters should be given their rightful shares and portions of the properties. It is a very serious sin to deprive the weak from their share of the inheritance.

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


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)