Q: My father passed away some years ago. At the time of his passing the house belonged to him. At that time two of my siblings were unmarried and living with my parents. A family member advised to sell the house and distribute the proceeds according to shariah. We did not do this at the time due to my mother and two siblings still living in the house. So to avoid any complications we all agreed to give my mother the house and put it on her name. Was this the correct procedure?
My siblings living in the house looked after and maintained the house up to now. Now my one sibling got married and has moved out and the other is about to be married. He would like to now sell the house and purchase another house in another area. This new house will be on my mothers name but my sibling who is getting married will live with my mother there. Is this the correct procedure or should my fathers house be sold and each person be given their share of the inheritance?
1. If the donors were all of age and of their own happy free will they made the gift to the mother then it is permissible.
2. If this had been made over to the mother then it belongs to her. Without her consent and free will the house should not be sold. When it is entirely hers then the question of inheritance does not feature.
And Allah Ta’ala (الله تعالى) knows best.
Mufti Ebrahim Salejee (Isipingo Beach)
This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.