Inheritance of a stepmother

· 24 Rabiʻ II 1445 AH1 min readEnglish

Question

I need some clarification: My father passed away in May. We are 2 siblings, A brother and sister I have a stepmother but she has no children. My daddy's parents are late.

1. My daddy wrote in his will that my stepmother can stay in the house as long as she wants to, and she will be responsible for all maintenance while living there.

My brother and I lives in Gauteng and she lives in the North West.

2. My daddy has a cottage in the yard where he was collecting rental. I also want to know does she get anything from there?

My grandfather and his brothers were in a family business. Now Every month all their kids collect rental from this business. My dad was also receiving. All his brother's has passed away. I want to know if my stepmother also gets anything from this rental or only his children?

The family has properties in India too, where they will be getting some money, does my stepmother get any shares from it or only his children?

3. My main question is does my stepmother inherit anything from the family inheritance such as the rental now that my daddy has passed or does she only inherit from the estate of what was already there when he passed away?

Answer

Such a bequest that is not in keeping with the laws of inheritance is not applicable.

All this is part of the estate and she is an heir.

As above. The rental will be divided among the heirs and each person will get his or her respective share.

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

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

Fatawa SA is an independent, read-only index of fatawa already published by Mufti Online — Madrasah Ta'leemuddeen. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue

For corrections or mistakes, please email us at fatawasa786@gmail.com.

People also ask

Do adopted or step-children inherit?

“It is permissible for adopted children to discharge their Zakaat by giving it to their adoptive parents and vice versa. More so, it is permissible for a nephew or niece to discharge their Zakaat by giving it to their uncles and…”

Jamiat KZN · 38 fatawa from 7 Darul Iftas on this

What the Darul Iftas say