Fatwa: # 18370
Category: Inheritance
Country: Australia
Date: 12th November 2009

Title

I (37) have an elder(39) brother and a younger(35) sister. My father died last november leaving some property including a five storey building which he made by my mother's name...

Question

I (37) have an elder(39) brother and a younger(35) sister. My father died last november leaving some property including a five storey building which he made by my mother's name. My father told me before his death that he made a will regarding distribution our property. My mother now told us that he did not make any will and as the building is on her name she will not distribute it before her death. My mother lives with my two siblings. My sister is mentally ill. My brother is earning but doesn't contribute anything in family expenditure which is carried out by our rental money. I asked my mother to give me my portion but she refused and told me that I am not her daughter and she is not talking to me after that. What should I do? Did I make any sin by asking my mother and is she right in refusing me?Please answer me.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

If the property is owned by your mother then the property will be divided upon her demise. However, if the property was owned by your father and was merely registered on your mother’s name then you could ask your mother to distribute your father’s estate. In doing so you should keep the respect of your mother and not display any kind of disrespect. You could consider asking some elders or respectable people of your family or your local Imam to explain your mother that the property does not belong to her and needs to be distributed. After allocating the different shares which the different heirs will inherit, Allah Ta’ala mentions regarding those who do not stand to these limits:

 

{تلك حدود الله ومن يطع الله ورسوله يدخله جنات تجري من تحتها الأنهار خالدين فيها وذلك الفوز العظيم ومن يعص الله ورسوله ويتعد حدوده يدخله نارا خالدا فيها وله عذاب مهين} [النساء:13-14]

 

These are the limits set by Allah. And whoever obeys Allah and His Messenger, He will admit him to gardens beneath which rivers flow, where he will live forever. And that is a great success. Whoever disobeys Allah and His Messenger and transgresses the limits set by Him, He shall admit him to the Fire, where he will remain forever. And for him there is a humiliating punishment. [4:13-14] 

If your mother refuses, you should still display utmost respect, obey and submit yourself to her and remain in her service. Remember all the hardships and difficulties she underwent in bringing you up. Even though you might not have committed any offense then too ask her for forgiveness and lower yourself before her. By doing so, Allah Ta’ala will grant you the best of this world and the next.

Continue to ask Allah Ta’ala to help you in obtaining your rights and to soften your mother’s heart towards you.

And Allah knows best

Wassalaamu `alaykum

Ml. Ishaq E. Moosa,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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