And the house is still under loan and the property is under my mother’s, father’s and my name.
Does my eldest sister and brother have share in that property?
Answer:
In the case of that property, it firstly has to be determined who owns the property. If all of you (yourself, your mother and your father) own it, then it must be determined who owns how much of the property. You must mutually discuss this with your parents.
Your father’s inheritors will only inherit the portion of the property that belongs to your father, not the portion that belongs to you or your mother.
For example, if your father owns 40% of the house then his inheritors (including yourself and your mother) will only inherit from this 40% of the property. They will not inherit from the other 60% of the property, as that does not belong to your father.
Mufti Faizal Riza
6/6/2012