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Inheritance Questions Following Father’s Death

Answered according to Hanafi Fiqh by Seekersguidance.org

Answered by Shaykh Ilyas patel

Asalaam Alaikum,

Our father passed away 3 years ago and left us some properties. We already split the biggest part but now there is a complicated bit left.

My father had a joined bank account with my mom, before he died he said to my mom that the money in that account is for my mom if my fathers death comes before hers.

The amount on that account is not even 15% of his total belongings.

1. So my first question is this ok?

In our home town my father left us one apartment and a few small shops and some pieces of land. The shops and apartment are rented, the land is used by my uncle to grow crops.

The same uncle is paying off a debt he had to my late father. The value of the shops and apartment is very low since its in a small village.

Since the value is not so high and its to complicated to sell and split it up, we have decided 3 years ago that all remains as before. Meaning my mom collects the rent and debt and pays zakat ( she also pays zakat over the money mentioned in my first question)

2. So my second question: since me and my siblings are entitled to our share ( debt , shop , apartment) But left it for our mother to manage do we revieve any benefits from the zakat that our mother is paying annually? And is it ok for us to continue this way ?

We also have a house in the city we live in now. Instead of selling it we have decided that i could buy it The notary made all papers up for us according to the law here.

According to sharia my siblings are entitled to a bigger share then what the law here says. So I have agreed to pay them more.

3. My last question is : this house belonged to my late dad, I am the one buying it after he passed away. According to the law here, I have to bear all the costs including: notary, taxes, and the appraiser. What does sharia say about this?

Answer:

1) Yes this is allowed if all the heirs agree to this after the death of your father.

2) Yes it would fine for you continue if all the heirs agree to what you have mentioned.

3) The house has to be distributed according to the allocated shares after the death of your father. If you buy it then you will have to give the share to your siblings. As for the cost of the notary, tax and appraiser you will have to bear it, as you are the buyer of the house.

And Allah alone knows best,

Wassalam,

Ilyas Patel


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