Dividing wealth …

He died in 1999.

In January 2003 the wife asked the deceased’s’ parents (her in-laws) for their right of their inheritance.

In January 2003 the parents said verbally they don’t want it and can keep it for themselves.

In 2003 the house was valued at £45,000 when they gave them consent about their inheritance, and in 2007 it is now valued at £100,000.

If they were to ask for their part again would you have to calculate the house value of 2003 (£45,00) when they refused or the value in 2007 (£100,000), bearing in mind that the longer they keep refusing to take it is an indirect way of business proposition as the property prices are increasing daily.

However, the deceased has left £24,000 cash savings. Would it mean that they verbally said that they don’t want the inheritance in 2003, they are allowed to go back to their words?

In the name of Allah, the most Beneficent, the most Merciful.

There are two main issues, which need to be clarified from the aforementioned questions.

1. Are the parents still entitled to a share of the property know despite them verbally stating that they do not want a share from it in 2003.

2. When they come to value the house do they value it according to the price of the house in 2003 or 2007?

In regards to your first question, the parents will still be liable to a share of the property despite them verbally refusing to accept it back in 2003.

Mufti Abdur Rahim Lajpuree in Fatawa Rahiymiyah with the reference of Raddul Muhtar has said: “Meerath (inheritance) is a ‘Sharee right’, which will never terminate even if someone refuses to take it”  (P505, V.10)

In regards to your second issue, the deceased property should have been distributed in 1999 as the obligation of inheritance becomes due at the time of death. (See Raddul Muhtar p. 491 V.10)

However, since it wasn’t distributed then, the current market value of the property will be taken into consideration.

The value of the house (assuming it is worth £100,000) plus the further £24,000 cash saving will be distributed among the heirs in the following way:

24, 120                                                                                               

__________________________________________________________________________________________

  Father                         Mother                       Wife                        2 Sons                 1 Daughter

    4                                    4                               3                                              13   

    20                                 20                              15                                             65

£20,666.66p                  £20,666.66p           £15, 499.99p           £26,866.65p               £13,433.32p

                                                                                                        each            

Only Allah Knows Best.

Mohammed Tosir Miah

Darul Ifta Birmingham.