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Inheritance Dispute: What to Do When a Will and Title Deed are in Question

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My father made his will in September this year and in the event of his death my brother gets my father’s assets. Unfortunately my brother passed away on the 04/10/2017 and my father also passed away on the 23/10/2017. My late brother is not married legally in court and did not have a will. My brother’s wife has my father’s title deed and will and doesn’t want to give me anything that belongs to my father. Please advise what needs to be done in this situation.

Bismillaah

A: The first step is that the estate must be distributed according to the shar`ee rules of distribution and winding up of estates.

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

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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