Dividing house after death
Q: If I died how do I divide my house? I have 4 siblings all sisters and parents alive. Or, if I had the same situation but a divorced wife with my child then what do I do?
A: After a person’s demise his estate will be wound and distributed in accordance to the shar’ee stipulated shares of inheritance. If the wife is divorced, she will no longer inherit from her previous husband’s estate.
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- me nd my husband are joint owners of the house we live in i have no investment in this property but are will is as such that upon my husbands death the house would belong to me
- Dear Respected Ulema, Assalamu alaikum, I have a Fiqh question on inheritance which is causing ill feelings among my sisters and myself. Please clarify the situation based on Shariah. I was a 12 years old boy when my mother bought a house with her money and made me a co-purchaser in the Sale Document with the condition mentioned in the document that it [the house] will be handed over to me after her death and till such time she will have living rights in the said house. Both my parents passed away recently. From my fathers property my two sisters and myself have agreed to share the wealth in the proportion of 2:1 according to the Shariah. But as regards to the house bought by my mother and which was due to me after the death of my mother, my two sisters, one younger and the other elder to me, are claiming that they too have a share in the mother’s portion of the property although my mother had documented in writing many years back that the house which she had bought would pass on to me after her death. Are my sisters justified in claiming a share in the house given to me by my mother ? Please advise how to settle the issue Jazakallah,
- What Are the Leeways in Dividing a Family Home After the Parents’ Death?
- When my father was alive he made an agreement with one daughter to pay the bond of his house. The house still remains his property according the agreement made by the two. Now after his death the daughter claims the house to be hers as the house is on her name because of the agreement. There are 9 siblings. 5 sons and 4 daughters. What is the sharia ruling on this?
- My wife owns the house we live in. She wants to will the house to me. We have two sons but she wants me to inherit the entire property after her death. Can she make a will and do so?
- 11th October 2010 / 2nd Zul Qadah 1431 Assalamou alaikum Respected Mufti sahib, I live in England, United Kingdom. I am a widow, my husband passed away nearly 3 months ago. I have 9 sons and 2 daughters. My husband?s mother is also alive. My late husband was the owner of two houses. Some months prior to his death, my husband made me a joint owner in one of these properties. Upon the instructions of my late husband, a solicitor completed the legal paperwork and we both signed various documents in the presence of witnesses. After the death of my husband, my children requested a scholar to explain the rules of Islamic inheritance so we could distribute my husband?s wealth according to the Shariah. When the discussion arose about the joint ownership of one of the houses, the scholar was of the opinion that this transfer of joint ownership was not valid because it seemed to him that this was only done symbolically and not as a genuine gift. However, beside the legal paperwork there is no other document available to support or negate the intention of the deceased. The scholar also said that even if the above gift was genuine, this kind of gift is faasid because of the following rule of Hiba: ومن وهب شقصاً مشاعاً فالهبة فاسدةٌ، فإن قسمه وسلمه جاز ) الهداية شرح بداية المبتدي,ص225,ج3, الناشر المكتبة الإسلامية) Which in essence says, if the item is such that if it is divided it can still be of use, then it is not permissible to give it without dividing it. Such items are ?a plot of land, a big house…?. See Bahishti Zewar (link below) page 66 point 5…