Distribution of property

Answered according to Hanafi Fiqh by
My father late Mohamed Rafiq purchased property 1984 area 834 sq foot for sum of 6640/ at Tamil Nadu. The above said property bought through financed by my father mother sister (Zaibunnisha late). Property registered in the name of my father Mohamed Rafiq when late Zaibu Nisha had sick during her last stage one Ms Zamrath who took care of her and spent some jewels treat her medically. Now the above said person Ms Zamrath who is daughter of late Salima Beevi sister of Zaibu Nisha I like to know is there any claiming of the above property by Zamrath whether is right to will under morally or legally?

بسم الله الرحمن الرحيم

(Fatwa: 965/909/SD=9/1439)


Whatsoever Ms Zamrath spent for the treatment of your sister if she did it with the intention of debt then after her death the debt of Ms Zamrath will be paid from her leftover property. However, if Ms Zamrath spent it voluntarily then she has no right to take back her money after her death which she had spent. However, if the heirs of Zaibu Nisha give her something with their mutual consent then there is no harm in it. The property which father bought if Zaibu Nisha invested in buying the property as a partner then Zaibu Nisha shall be deemed owner of the part of land equal to her money thus after her death her share in the property shall be divided among her legal heirs as per the Shariah division after paying her debts etc if any and due expenses of her funeral rites.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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