The Majlis Archive

Death and Wills The Majlis Vol 23 No 07, p.2

My deceased husband had registered his property and his business on the names of his family members for the sake of convenience and to circumvent cert

Question

My deceased husband had registered his property and his business on the names of his family members for the sake of convenience and to circumvent certain legal processes. His relatives now say that there is no share for me and my children (a son and daughters) because my husband had no assets. Everything is in their name. However, I know that the assets belonged to my husband. What can I do in these circumstances?

Answer

If your deceased husband has no living parents, then the only heirs are you and his children. The entire estate – all his assets – belong to you (12.5%) and the balance to his children. The son receives twice the amount the daughter receives.

It appears that they will deny your Islamic rights. Since everything is registered in their names, legally in terms of kuffaar law, your husband left no assets. As such they will deprive you in a haraam manner of your rightful inheritance. They will enter Jahannam with the wealth they usurp from the heirs. But legally you will have no grounds to claim from them.

Those who defraud the heirs will be enclosed in coffins of steel and flung into Jahannam. They are akin to unbelievers, hence everlasting punishment in Hell is mentioned for them in the Qur'aan Majeed. For the sake of this worldly carrion, they are bartering away their salvation of the Aakhirat. Depriving and defraud-ing the heirs are widespread crimes. People fail to understand the gravity of the crime and the terrible punishment in the grave and in the Aakhirat awaiting them.

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Published in
The Majlis Vol 23 No 07
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2

Appears under DEFRAUDING THE HEIRS (approximate).

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