He has two sons, one daughter and his wife. All are adults, and it is me (one son) and his wife (my mother) who live in the house. What is the correct Shari’ ruling regarding the property? My brother and sister think that it is his wish that the house go to my mother first then onto me when she passes away. If my father’s decision is incorrect, is it permissible for the clause to be ignored and the correct ruling followed instead? Jazak’Allah.
In principle, when a person passes away, his wealth is owned by his/her heirs. Thereafter, the assets of the deceased shall be gathered and after settling the liabilities, the remainder of the assets shall be distributed between the heirs according to the Islamic Law of Inheritance and Succession.
In the enquired case, if your father’s only asset was the house, then the house belongs to the two sons, the daughter and the wife jointly. However, there are two options of the house. Either all the heirs remain partners in the house or one of the heirs purchase the house at a fixed price and the remaining heirs be paid out pro-rata their respective shares of inheritance. Hence, the house shall be owned by him totally.
We wish to advise that it is best to dissolve the estate as quick as possible.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai