Not sure if I have posted in the right place but here goes!
My widowed mother is thinking of selling her house next year, it’s quite large house, obviously with no mortgage on it and she intends to split the proceeds between me and my two brothers. She also has another property where she will reside etc.
My question is, how much will we each get percentage wise, seeing that under Islamic law the daughters don’t get the same, or am I missing something?
Re: Islamic Wills
You're best off asking an aalim about this, but from what I know, the inheritance for a son is twice that of a daughter.
Re: Islamic Wills
**girls receive half the inheritance of the sons'. in your case you will receive 20% while your brothers will receive 40% each.
P.S:
inheritance entitlement is after the one's death. all his/her debts must be paid first out of decedent's estate.
if a person gives out monies then it's not inheritance. it is advised in Islam to have a living Will. one can NOT also make a will which is contrary to Islamic inheritance laws.
**
Re: Islamic Wills
OK so if my mum makes a living will and gives out the monies from the sale of her house, I'd get half of what my brothers will get?
Does this same rule apply to an Inheritance assuming all bills/debts are paid off?
Re: Islamic Wills
What if her mother gives each her child equal money in her life after selling her property, will this be in conflict with islamic laws?
Re: Islamic Wills
Just another quick question about will again!
If a woman was to inherit some money would she have to give half to her husband, estranged, separated or divorced or is it just for her? Would she have to declare it?
Thanks x
Re: Islamic Wills
Not sure about a woman inheriting money would have to give money to her husband. I don't think so - the money belongs to the woman only since she's the heir.
With regards to share of inheritance for a woman being half of her brothers' share. Conventionally people agree that is how it should be.
I don't think so.
In the old days - the man was the breadwinner in the family. So it made sense to give him more. If the daughter of the person in question is a working woman (not out of choice but out of trying to make ends meet - i.e. her husband cannot run the house in a manner that the two of them want) then the share to the daughter should be equal.
Also part of this is that the brothers are supposed to take care of the sister after the death of their parents - hence the larger share for the brothers.
In you case however - if your mother sells the house while she is alive - she can do whatever she wants with it - she can give it all to you - and that would be fine. The inheritance laws I think only apply when the person dies and has property left over.