(1) My father always referred to everything as ours meaning his and my mothers and he always said if he isn’t here then everything is my mothers. Does this mean everything belongs to my mother? My mother always handled the finances and my dad always allowed her to keep all the money, even if he wanted money he would tell my mum to go and get it from the bank or from her purse.
(2) Do we need to pay for his missed salah and fasts? If so, what is the calculation?
(3) With regards to his clothes and his other personal things what do we do? Some clothes and personal things are still new.
(4) Financially he held a joint bank account with my mother which held most of his money, and he had a separate account which he held a small amount of money. He has no property.
(5) He has land in the village which is under dispute with another relative so at this stage that cannot be shared or divided. Please advise on best way forward to resolve all of this and what can be shared or not shared and if everything belongs to my mother or not. Also if it needs to be shared then what proportions?
بسم الله الرحمن الرحيم
(1) The saying of your father “if he isn’t here then everything is your mother’s” merely by this sentence your mother will not turn owner of all these things rather it carries some details: (A) Whatsoever things your father brought for your mother (B) or things which are specific for the use of your mother (C) or the mother has bought with her money (D) or someone has given to the mother, all such things shall belong to your mother. The things which were in use of your father or were in his possession all shall be deemed the property of your father. However, things which were in the possession of your father or were specified for his use but your father gifted it to your mother and gave into her complete possession then such things shall be termed the property of your mother. In the light of abovementioned details whatsoever things became the property of your father all shall become the inheritance of your father after his death in which all the Shariah heirs shall have their rights as per the Shariah shares.
(2) In respect to the missed fasts and salahs the rulings is that if your father has made a will to pay its fidyah then it is wajib to pay its fidyah from one third property left by him and if he did not make a will then it is not wajib to pay the fidyah. However if the heirs pay its fidyah with their consent then it is better. If all the heirs are adult and all are ready to pay the fidyah then you may pay the fidyah from the property left by him. If some heir is not adult or all the heirs are not ready then the heir who wants to pay the fidyah he may pay it from his share, it is good and it is his right.
(3) The other house, property and clothes etc which were in his possession shall become his property and all the heirs shall be entitled to receive their shares from it, the detail has been mentioned under answer no 1.
(4) The amount of separate account shall be the inheritance of your father and shall be divided among all the heirs. And the amount of joint account shall also be the inheritance of your father as it appears that your father never withdrew all the amount of the account and made your mother its owner and then deposited it, rather the amount must have remained in the possession of your father; however he might have permitted your mother to withdraw as and when needed. Thus the amount which your mother withdrew during his lifetime it became your mother’s property (due to explicit or implicit permission) but the amount which remained in the account it shall become the inheritance of your father and shall be divided among all the heirs.
(5) Regarding the disputed properties if your father claimed their ownership then now his heirs can claim equal to their shares. And if it cannot be distributed for the time being then also all the heirs shall have their shares in it according to the Shariah.
All the property of your father which was into his possession at the time of his death such as land, property, cash, house belongings, etc after paying due rights proceeding inheritance, i.e. after paying the debt if he has some, execution of legal will (the fidyah of fasts and salah shall include in it) shall be paid from one third and whatsoever is left it shall be divided into 72 shares. Out of total the wife shall get 9 shares, each son shall get 14-14 shares, while each daughter (including the daughter from first wife) shall get 7-7 shares.
Allah knows Best!
Darul Uloom Deoband