I would like to know the following:
1) My widowed mother has a property earned out of her own efforts. This property was not acquired from my father's wealth. It was purchased after the death of my father by my mother out of her own efforts and savings. My sister and I are the legal heirs to this property. My sister is married and lives with her husband and children happily. I have my family and children. Now my mother wants to sell off this property and distribute shares according to Islamic Sharī`ah to both of us. I want to know whether she can distribute the wealth in her lifetime? If yes, then to what share am I entitled and to what is my sister?
2) My wife has a property from her father’s side. She has two brothers and two sisters. How much are they entitled to?
1) The question of inheritance arises only and only after the death of a person whose wealth is to be distributed among his heirs. In his own lifetime, he cannot distribute his inheritance. However, he can gift it to his children in any proportion he wants. Consequently, your mother can gift you and your sister her wealth in any ratio in her own lifetime. In this regard, Islam’s teaching is that she should adhere to justice and fairness
2) Brothers and sisters only get a share if the departed person has no children. In the presence of children they have no legal share. Of course, your wife can make a will in their favour if she wants to give them some money.