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Claiming Money from Estate

Answered as per Hanafi Fiqh by Askmufti.co.za

Q: My mother is one of the heirs to her late father’s estate (long deceased), the executor being her brother. As I, one of the sons, am in considerable debt, would it be permissible and advisable for me to request any monies from the estate (being an advance which I cannot claim for later)?

A: If your grandfather had passed away a long time ago then his estate should have been wound up and distributed long ago. By virtue of being an heir your mother can ask for her share to be paid out. You can then make a request to her for money to settle your debts, which she is at liberty to accept or refuse. If any money is forwarded in advance, it will be deducted from her share when it is eventually paid out.

Moulana Yusuf Laher
Checked by: Mufti Siraj Desai

This answer was collected from AskMufti.co.za, which is operated under the supervision of Mufti Siraj Desai of Darul-Uloom Abubakr, South Africa.

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