Dear Mufti, Assalamu alaikum,
My husband passed away leaving behing a house. I have 2 sons, 1 daughter and my mother-in-law. The shares in the property have not yet been divided between the different inheritors. I wish to get the shares of the other legal heirs transfered in my name with their due consent so that the house gets transfered in my name only. This is because I would like to protect my interest in the house till my death. I also have Life Insurance money of my husband which I wish to give iot for Esal-e-Sawab for my late husband. Please advice how to go about with the issues mentioned above. Jazakallah khair,
Praise be to Allah and peace be upon his Messenger, his family, Companions, and those who follow him.
If the heirs are limited to the number mentioned in the question, inheritance shall be distributed as follows:
One-sixth for the mother because of the presence of the deceased's children. Allah (Glory be to Him) says: "For parents, a sixth share of inheritance to each if the deceased left children." [Surat An-Nisa': 11].
A wife takes one-eighth because of the deceased's children. Allah (Glory be to Him) says: "If you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts." [Surat An-Nisa': 12].
The rest of inheritance shall be distributed to the deceased's children by dividing it into five shares: Two shares for male and one for the female because of Allah's Saying: "Allâh commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females." [Surat An-Nisa':11].
The house shall be divided into 24 shares where the deceased's mother takes 4 shares, his wife takes 3 shares, each son of the deceased takes 6.8 shares, and each daughter of the deceased takes 3.4 shares.
As for transferring all shares to your possession, there is no objection to that as long as it is done by mutual consent.
As for life insurance, it is prohibited because it contains deception, usury, and eating up people's money falsely.
Indeed, Allah (Glory be to Him) prohibited all usurious transactions as well as transactions that contain deception to protect people against harm. Allah (Glory be to Him) says: "whereas Allâh has permitted trading and forbidden Ribâ (usury)." [Surat Al Baqarah: 275]. It was authentically reported that the Messenger of Allah (peace be upon him) forbade Gharar sale (uncertain sale).
Consequently, you have to bring back the installments paid to the insurance company and the rest should be paid for the best interest of Muslims. "However, if you repent, you shall have your capital sums. Deal not unjustly (by asking more than your capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums)." [Surat Al Baqarah: 279].
And Allah knows the best!