Q.1. Before his death, my father gave some parts of his property to his daughter-in-law because she looked after him and my mother. He also allocated two rooms for a school and prayer place, paying a salary to a person to look after the place, call the athan and lead the prayer. He also gave a shop to his eldest daughter for her business and she gave him a monthly amount. Another workshop he gave to his son for his business and the son looks after his own family and our mother. How is this property to be divided according to Islam?
Q.2. Is it proper to bury a grandfather and a grandson in the same grave? Is it useful to place a rose on a grave? Can one sit by the grave of his father and talk to him about his own problems?
F. Sultan, Al-Khobar
A.1. If your father intended, as it appears to be the case, that the room he gave to his daughter-in-law was a gift, then this should be taken out of his property to be divided among his heirs. It seems clear that this was a token of appreciation and it is a permanent gift. Once he gave it to her, it became her own property. The same applies to the two rooms he made a school and a prayer room. If the family needs these, then the only way is to provide a place of equal or better value and amenities for the same purpose as a substitute for what the father allocated.
It is also clear that what your father gave to your sister and brother for their businesses was not a permanent gift, because he expected something in return. Therefore, these places should be included in his estate to be divided among his heirs.
As your father left behind his wife, 2 sons and 3 daughters, his estate, which includes the real property you have mentioned and any other property such as his business, shares, cash, etc. is divided between the heirs you have mentioned. The whole estate is evaluated and the division is as follows: one-eighth of the entire estate goes to your father’s widow, i.e. your mother.
The remainder is divided into seven shares, two each for his two sons and one each for his three daughters. It does not matter who of his children is married and who is not. Their shares does not depend on anything other than their relationship to the deceased, i.e. being his sons and daughters.
If any of the children wants a particular item of the estate, then that should be valued and the one who wants it takes it as part of his or her share. If its value is over what he or she should receive, then they pay the difference to their brothers and sisters.
A. 2. Yes, it is permissible to bury two persons in the same grave. After the battle of Uhud, the Muslim martyrs were buried two in each grave. It is all right to place a plant or a rose on a grave, but it is unnecessary.
One may address the deceased on questions of faith and the Day of Resurrection, but one should not talk to them as though they are still alive and share in our concerns. A dead person cannot do anything for himself or for the living. It is the living that can do something for the deceased, praying for their forgiveness, paying charity on their behalf, offering the pilgrimage or the Umrah on their behalf, etc.