My husband’s father has a property and gets enough rent to maintain his family. Husband’s mother is a retired government servant and gets a monthly pension. Husband’s brother is an engineer. His wife is also working. Husband’s sister is a doctor and married. I am not employed and I and my son are completely dependent on my husband. Now my husband is planning to purchase a property. I have a one year old son. I will appreciate if you could answer the following questions: (1) What will be my share and my son’s share in the property? Also let me know what will be the share of my in-laws (husband’s parents, sister and brother). This property will be purchased by my husband with his own earnings? (2) What will be my share and my son’s share if my husband includes my name also in the property along with his name? What will be my share and my son’s share if he does not include my name in the property documents? (3) What will be my share, my son’s share and his family’s share (parents, one brother and one sister) in case of husband’s death? Will there be any difference in my share if my name is included in the property?

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

My husband’s father has a property and gets enough rent to maintain his family. Husband’s mother is a retired government servant and gets a monthly pension. Husband’s brother is an engineer. His wife is also working.
Husband’s sister is a doctor and married. I am not employed and I and my son are completely dependent on my husband.
Now my husband is planning to purchase a property. I have a one year old son. I will appreciate if you could answer the following questions:
(1) What will be my share and my son’s share in the property? Also let me know what will be the share of my in-laws (husband’s parents, sister and brother). This property will be purchased by my husband with his own earnings?
(2) What will be my share and my son’s share if my husband includes my name also in the property along with his name? What will be my share and my son’s share if he does not include my name in the property documents?
(3) What will be my share, my son’s share and his family’s share (parents, one brother and one sister) in case of husband’s death? Will there be any difference in my share if my name is included in the property?

Answer

(Fatwa: 113/79/D=1434)

(1) The property which the husband will buy from his sole income he alone shall be its owner. His parents, wife, children, brother and sister do not have any share in it during his lifetime. However, after the death of husband his Shariah heirs shall get their share from it as per their rights.
(2) Only by including the name you or your children shall not become entitled for it. Yes, if he makes you or your children the owner of some property by gift then you/children shall become the owner of that part.
(3) In the presence of parents brother and sister do not inherit. How much share children, wife and parents shall get, it shall be clear after his death. None knows who will die first wife, husband, parents or children? After his death, the persons alive at the time shall get his/her shares.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

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