What is considered to be the estate in inheritance

Fatwa ID: 01578

Answered by Mufti Mohammed Tosir Miah

Question:

What is considered to be the estate in inheritance

Answer:

Bismillah

In the name of Allah, the most Beneficent, the most Merciful.

What is considered to be the estate?

The Arabic word to describe property or estate left over by the deceased which will be distributed as “Tarakah”. It can be defined as gross estate of the deceased prior to deduction of rights and the claims attached to it. It includes:

  1. All property movable, immovable, self-acquired, ancestral or received as a gift.
  2. Money owed to the deceased.
  3. Blood money known in Arabic as “diyah”, if the deceased was killed.
  4. Life insurance is not considered part of estate, as life insurance is considered unlawful in Islam.

Therefore, everything your father or mother owned, such as cash, gold, silver, properties, every big and small item that belonged to him at the time of his death will be totalled and termed as the “estate (taraka)”.

Answer 2

Whatever jewelleries, gold and silver your mother gave you before she passed away would amount to a gift which she gave you. When your mother handed the gift to you and you took it into your possession then this gift will be considered as yours and it would not be considered to be part of the estate, which needs to be distributed. (Raddul Muhtar p.492 v.8)

Answer 3

The entire house will be considered to be your father’s estate. It is based on the investment and not according to the name on the land registry. (Fatawa Rahimiyah p.297 v.10)

Answer 4

After your father’s death, his estate will firstly be distributed into 24 shares and the following heirs will receive the following shares:

Wife (Your mother): 3

Daughter: 12

Father: 5

Mother: 4

Your father’s other brother and sisters would not receive anything.

Answer 5

Whatever your mother received from your father’s estate along with any of her personnel belongings or goods, her total estate will be distributed into 6 shares with the following heirs receiving:

Daughter: 3

Father: 2

Mother: 1

Your mother’s other brother and sisters would not receive anything.

Answer 6

The jewelleries, gold, silver and cash which is in your possession, Zakat would have to be given for those, but not for the estate which is not in your possession.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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