Fulfilling the deceased's valid bequest takes precedence over distributing the shares of inheritance

30-7-2014 | IslamWeb

Question:

As Salamwalaikum,my father died on 17.05.2005 leaving behind mother 6 brothers and 3 sisters, The year 2008 we have divided the property by shariah. B=BALANCE AMOUNT(A-A/8) M=A/8 MOTHER SHARE S=SON(TWO SHARES) 2*(A-A/8)=TOTAL SONS SHARE D=DAUGHTER (ONE SHARE) 1*(A-A/8))=TOTAL DAUGHTERS SHARES. we also have undivided property of our father,which we have not shared till date. how to divide the property as per shariah. As mother's share she got house.i have purchased the house from my mother for 2 crores. she registered the house on my belalf on 28.10.13.we agreed mutually , that i will pay the amount partally and the balance amount after her death will be utilised for the purpose of chariy. my mother expired on 17.05.14 .will the balance amount is considered as charity as mothers will or it will be shared among the brothers and sisters. some of my brothers and sisters consider this deal as void. where will i stand.pls help.

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and messenger.

Based on our understanding of your question, you are asking how to divide the remainder of your father’s estate and about the debt you owe your mother. If this is the case, the remainder of your late father’s estate should be divided among the eligible heirs just like the other articles of his wealth. The deceased’s wife gets one eighth; her share should be divided among her eligible heirs entitled to inherit from her. What remains after dividing her share should be given to the deceased’s children; the son gets double the share of the daughter.

As for the debt that you still owe your mother, you stated that she had made a bequest that this debt should be offered in charity. If this debt constitutes one-third of her estate or less, the bequest should be executed and this debt should be spent in charity, with the heirs having no right to reject the bequest.

However, if this debt constitutes more than one-third of her estate, the bequest can only apply to one-third of the estate. The remainder should be divided among the heirs who are entitled to inherit. It should be noted that the heirs are not entitled to object to the execution of this bequest on the pretext that they have shares of the estate. In fact, they have the right to receive their shares after paying the deceased’s debts and liabilities, if any, and applying the deceased’s bequest on one-third of the estate (or less). Allaah, The Exalted, says (what means): {…after any bequest he [may have] made or debt…} [Quran 4:11]

Allaah Knows best.