Question Summary:
Inheritance

Question Detail:

I hope and pray that this message finds you in the best of iman and health.
My question pertains to the law of the inheritance applied specifically to my family situation.
My dear father passed away last week and I would request for your duas for him and our family. He is left behind by a widow and 3 sons. His mother is alive as well Alhamdulillah.
He left behind the following assets which are in his name:
 
- 1 House
- 4 plots
- 2 bank accounts
 
Before he left us, it was his will that his mother (our paternal grandmother) conitnues to receive the money which he would pay for her expenses on monthly basis. This was also communciated by him to his mother in person during his illness and she agreed to it aswell.
 
The property mentioned above were intended for the sons although he was unable to transfer it to their name in his lifetime as his health detoriated swiftly.
 
Alhamdulillah there is no dispute among us a family and neither with our paternal grandmother, however I wanted to get your advice whether the money in the bank account should be divided between the heirs (sons, wife and mother) as per Islamic law or should we continue to pay our paternal grandmother on monthly basis as discussed between my father and his mother. The division between sons and wife is not a problem as we all live together and there is mutual understanding between us. However, if necessary, we can give our grandmother her due share from the money in both accounts as one time.
 
Also, since the plots and home were intended for the sons only as explained above, should these be  divided as per Islamic law now and the share be given to my father's mother as well?
 
Kindly let us know if how the two need to be divided, i.e. money in the bank account and property in father's name given the situation explained above.
 
JazakAllah khayr.

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
 As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
 
 
 
 
 
We share our sympathies with you and your family. May Allah grant you all sabr (patience) and May Allah forgive him and grant him Jannatul-Fidous. Aameen.
Since the property was not given to the sons, it would form part of the estate and all heirs will have their respective share according to the Islamic Law of Succession.
Your grand-mother is an heir and therefore any bequest made on her behalf is invalid.
We have been advised that the deceased (Father) is survived by:

 
ACCORDINGLY, THE ESTATE WILL BE DIVIDED INTO 72 SHARES AS FOLLOWS:
 

 
NOTE: The above percentage figures have been rounded up to two decimal places.
According to the Islamic Law of Succession and Inheritance, distribution of an estate will only commence after funeral expenses, debts (including legal costs) and bequests (if any) made to NON-HEIRS – [ which will not exceed one-third(1/3) of the Estate after debts and funeral expenses have been settled.] have been paid out. Thereafter, ALL assets (1 HOUSE, 4 PLOTS AND 2 BANK ACCOUNTS AS STATED BY YOU) form part of the Net Estate and will have to be distributed according to the Islamic Law of Succession and Inheritance.
 
The heirs (who are baaligh (matured)) may mutually agree to give the grandmother monthly expenses apart from her due right from the estate. This is from a moral perspective and not obligatory.
And Allah Ta’āla Knows Best
Safwaan Ibn Ml Ahmed Ibn Ibrahim 
Student Darul Iftaa
Limbe, Malawi
Checked and Approved by,
Mufti Ebrahim Desai.