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Inheriting a Jointly Owned House: What Happens When One Parent Passes Away?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: We have a house which was jointly owed by my parents. My mother passed away 6 years ago. My father is 88 years old and not well. We are 4 brothers and 3 sisters, how would the inheritance work once my father passes on? There is no debt on the house.

Bismillaah

A: If your mother did not have any surviving heirs besides your father and her children and the father does not have any other heirs besides his children then the house will be divided into 11 equal shares and distributed as follows:

Each son will receive 2 shares

Each daughter will receive 1 share

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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