Can an Aunt Claim an Extra Inheritance Share?

Answered by Mawlana Ilyas Patel

Question

I am seeking guidance for my father regarding a family matter. My grandfather passed away a few years ago, and there have been issues with the division of his inheritance, which he wanted to be distributed according to Sharia law. My aunt and grandmother have taken all of my grandfather’s gold from abroad, emptied his bank accounts, and attempted to take the house.

My siblings and father, who lived with my grandfather and grandmother, are now facing the sale of the house. My aunt is demanding an additional $30,000 from my father’s share, claiming it’s from the sale of the house, which my father bought but had put in both grandparents’ names on the title deed.

I am unsure whether to fight for the $30,000 or to concede and proceed with the sale.

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question. I am sad to hear about your family situation. However, it is also good to know your grandfather wanted the inheritance split according to the Quranic apportions.

If your father bought the house with his own money, then he is the sole owner unless he gifted and made the parents owners of the house, too, thus putting their name in the title deed of the house. Ask him about it. If he did, the share of the house would be part of the inheritance when the grandparent passed away. If the title deed was just for other reasons and not ownership, then the house belongs to your father, and your aunt will not have a share.

Due to the sensitivity of this situation, I would advise you to consult local scholars – people who are reliable, pious, have wisdom, and understand family, inheritance, and community dynamics.

The wealth of the deceased is distributed in the following manner:

• Payment of funeral and burial expenses,
• Payment of all debts,
• Payment of any Islamic will (wasiyya) from one-third of one’s wealth, including any religious liabilities, such as unpaid Zakat, fidya, etc.
• You may leave a will stating your concerns and urge the heirs to support each other after the demise of each parent and distribute it accordingly.
• Distribution of the remaining assets and wealth by Sunni Islamic law among the inheritors, in consultation with a reliable scholar or Mufti. [Ibn ’Abidin, Radd al-Muhtar]

Because of the sensitivity of this situation, I would advise you to consult local scholars – people who are reliable, pious, have wisdom, and understand family, inheritance, and community dynamics.

I would like you to go through the valuable answers and links below. You will receive guidance and direction, in sha’ Allah.

Related:

• Inheritance Law Archives
• Transferring Property to Children in One’s Lifetime
• What Is the Ruling on Verbal Gifting of Assets on One’s Deathbed?

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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.