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Distributing properties of an estate that were put on different peoples names to avoid tax

Q: I am willing to distribute my inheritance. We are 2 brothers and 3 sisters. My father made some properties in his life and they were put on different peoples names like me, my wife, my brother and his wife and my mother. This was only done to avoid any kind of tax. There were also some properties on my father’s name. I would like to ask which properties should we include in the estate when distributing between my sister, mother, brother and me?

Bismillaah

A: If the properties were just put on their names without making them the owners then all such properties will be part of the estate.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

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.

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