Mufti Online — Madrasah Ta'leemuddeen

Distributing the assets of the deceased among all the heirs

· 19 Muharram 1447 AH1 min readEnglish

Question

My question is related to inheritance.

Few years ago my mamu was in Saudia and he used to send money to his parents. At that time my nana bought a piece of land and after he died my mamu claims that since that land was bought from his money so he is the sole rightful heir of that land. Legally my nana owned that land.

Now I want to know even if the land was bought from his money, do sisters deserve a share from that land or not? If they take their share, would be just or not?

Answer

If the land belonged to your Nana at the time of his demise, then it will form part of his estate and will have to be distributed among his heir according to their stipulated shares of inheritance. It will not be permissible for your uncle to take the land for himself.

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

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/35965
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