How Should the House be Distributed when the Parents Names are on it

Answered according to Hanafi Fiqh by DarulIftaBirmingham


Answered by:  Maulana Javed ibn Nazir Kachhalia​

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Question



What do religious scholars say about the following problem? 



After some time my parents had made for the Council to the house to buy a house parent thought the money you told me that you buy because of not being lhaza Maine bought the house 20 thousand pounds of parents papers because the name tha.aur impossible to buy without parental support as father and mother gave £ 1500 to £ 1500 and the remaining amount payment .. Maine and later eat if parents try to return the money man we also should not feel that we are with you in the same way even when Dad bought the house younger brother was given £ 1,500. 


Now some of the time required to increase the room due to tightness in the house since, and therein was the cost of 50 thousand pounds of Maine father said to me that is not enough money to me, I’ll help Dad said lhaza as us the mother had been given 23 thousand pounds and 4 pounds of a project (the mother was given the £ 4 thousand to 4 thousand little brothers and sister) the remaining 23 thousand pounds of Maine. 



Nut..1998 the needs of home as was my responsibility (gas, electricity and water bill, etc.) and buy a house in 2001 and moved asuy Room 2011 …… 

What can legally share my younger brother and sister in this case? 



 


بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم


In the name of Allah, the Most Gracious, the Most Merciful 



Answer



From what you have mentioned, the house it’s originally in your parent’s name, therefore the owner of the house or property are your parents, regardless if you have been giving the expenses or bills of the house.


Therefore, if your parents pass away the property will be divided between the heirs and inheritors.


There is a way around this; and that is: Your parents take consent of the heirs and inheritors and to transfer ownership of the house in your name and then by you taking complete ownership in terms of keys, house deed, and any other relevant documents that require to take full ownership of the property. If this is not done then the property will still be in your parent’s name and after they die it will be distributed as per share between the heirs.


I have summarized the ruling that is mentioned in Aap Ke Masaail Aur unke Hal Vol 6, Pg 348)




Only Allah knows best


Written by Maulana Javed ibn Nazir Kachhalia


Checked and approved by Mufti Mohammed Tosir Miah


Darul Ifta Birmingham


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