Inheritance
Question
I wanted to ask question regarding inheritance. My father passed away 25 years ago now. My brother and sister have had many disagreements through the years. So for so many years our brother has been maintaining the house and still is and about 20 years ago he bought his own house so no one lives in our family house now. I want to ask that because my brother and sister have disagreements and that my brother has been maintaining the family house by himself and also gave all of our father's debts. Does me or my sister have any right to ask for our share in our father's estate?
Answer
The law of Shari'ah regarding inheritance is that after all the debts and liabilities are paid off, and after fulfilling the bequest of the deceased from within one third of the estate, then whatever amount is remaining thereafter should be distributed among the heirs according to the stipulated shares of inheritance. Hence whatever remains from your father's estate should be distributed according to the stipulated shares of inheritance.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/6781
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-6781
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