Inheritance

Business inherited from a deceased father

QUESTION: We inherited a family business from our deceased father, who has unsettled money due to me. I owe my late father's heirs money. Can I offset the business debt with the money owed to me? ANSWER: Yes, it is permissible on condition that there is mutual consent...

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Heirs consenting to an invalid Wasiyyat

Question:- If the heir’s consent to a Wasiyyat made in favour of an heir, can they retract from the Wasiyyat? Answer:- The heirs do not have the right of retracting from a Wasiyyat once they have consented to it, provided that the consent or approval was granted after...

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Inheriting from a non-Muslim

QUESTION: A brother, who has recently reverted to Islam, asked if Muslims can inherit from non-Muslims? Are there any special conditions associated with this inheritance? ANSWER: A Muslim does not inherit from a non-Muslim, nor does a non-Muslim inherit from a Muslim....

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Delaying winding up of estate due to debt

QUESTION: My late husband and I had a debt of a bond on a second property, together with a large outstanding rates debt. Some family members are not registering the estate so as to delay the process and the debts to be wound up. Is this acceptable? ANSWER: If winding...

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Debt owed to deceased’s estate

QUESTION: My late father passed away recently and we are finalizing the estate. The heirs are my mother, my brother and myself. My father loaned R100 000 to my brother who has been paying it off monthly. How will this aspect be resolved? ANSWER: 1. Your brother should...

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Murderer inheriting from victim

QUESTION: A person hired someone to kill his father, so that he can get the inheritance. The hitman killed the father. Does the son inherit? ANSWER: In the queried scenario, the son will not inherit. If it is proven that the murderer acted on behalf of the son, then...

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Father gifting property to his son

QUESTION: If a father signed over and transferred a house to his son, but he still oversees and manages the affairs of the house as is common nowadays, and all his belongings remain in the house, will the Hibah be concluded? If the father passes away, will it be...

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Resigning from executorship

QUESTION: At the final stage of submission, two of the heirs have refused to sign, stating that they were pressured into signing the initial agreement to distribute the estate in accordance with Shariah. As a result of this, the lawyer has no option but to proceed...

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