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Determining Fairness Of Inheritance Distribution
So my grandmother’s father died few years ago, so after sometime they had to to do the inheritance division. They gave a small piece of invaluable land to us and other sisters, and said this was written in the will by owner.
We have the islamic personal law in the land. But they deny the concept of will. Its their interpretation of Islam.
We after calculation of property got almost 6 times more land worth 10-20 times more than that mentioned in will.
Actually their used to be the concept of will but it was abolished. That will document holds zero value before law of the land.
After sometime we took 1/3 of that land (if will wasn’t there) only due to culture and all.
They objected but were unsuccessful.
And the will was ambiguous about the reason of will. It was probably because it was uncommon for daughters to take their share.
Is division fair or not.
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3 Replies
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Determining Fairness Of Inheritance Distribution
updated 1 year, 10 months ago
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Replies
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The question is very ambiguous w.r.t the number of lagatees and their relationship with the legator. Please provide more details and in case you want privacy, you can send it as a personal query at the following link:
https://www.ghamidi.org/contact/
You can also use inheritance calculator at the following link to see the distribution of Inheritance yourself but putting in the appropriate numbers:
https://ask.ghamidi.org/inheritance-calculator/
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As a matter of principle, whatever the court may decide, if a recipient of inheritance thinks that he/she has been awarded more than his actual inheritance (as per his honest understanding of Inheritance Law) then he /she should give it to the deserving legatees who have received less because of the state intervention.
Please refer to the following response of Ghamidi Sahab in this regard:
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Legator had 2 sons & 6 daughters. 2 daughters died before their father. He had property of 65 units.
He had this written in his will “My daughters will inherit 1 unit each in a specific place and rest would be divided into 2 sons.
Problem 1: the “specific land” was not his but his sons had its ownership.
Problem 2: Will was not accepted by state because according to their interpretation of Islam it is not permissible to create a will.
So they divided land as if their was no will. Although daughters decided to only take 3,3,3,2 units each.
They also gave 1 unit to family of one deceased daughter (before father).
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If the distribution is done with consent of all the parties involved then there cannot be any objection. Islamic law of inheritance creates rigths for certain legatees mentioned in Quran and anyone can forego their right in favour of other person.
As for the will: A person is free to make any will and his ‘will‘ will be distributed first before distribution of inheritance. However, no will can be made in favor of heirs in their capacity as heirs. Will in favor of heirs can be made in case of services rendered by the heir or genuine need of an heir etc. In case of any anomaly or injustice in the will, a court has right to interfere and set it straight. Please refer to the video below from 30:06 to 32:47
https://youtu.be/S4-efzaeeQ4?t=1806
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