If I own a house and write a will and have no children, how is my house distributed? I have surviving parents and siblings.
Q: If I own a house and write a will and have no children, how is my house distributed? I have surviving parents and siblings.
A: Your parents will only inherit.
And Allah Ta’ala (الله تعالى) knows best.
يُوصِيكُمُ اللَّـهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ فَإِن كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ وَإِن كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُ وَلَدٌ فَإِن لَّمْ يَكُن لَّهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ فَإِن كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ مِن بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا فَرِيضَةً مِّنَ اللَّـهِ إِنَّ اللَّـهَ كَانَ عَلِيمًا حَكِيمًا ﴿النساء: ١١﴾
Read these QA to learn more..
- I am working as a doctor in India and stay in my parent’s house with my wife and 2 daughters. I am the only son and have 2 sisters who are married. I earn decent amount of money but not enough to buy a house for my wife and children. Also because of my hectic work schedules I cannot give enough time for my wife and children. I have an option of working in Dubai, where I would earn much more than what I earn here. Besides, I will get more time to spend with my wife and children. However, my parents do not want me to leave India and go abroad. I asked my parents to join me as I can easily get Visas for them and also get a bigger house with the salary that I would be getting there. However, my parents are refusing to come there and also not happy that I am going there. My question is (1) Islamically, am I supposed to consider my wife’s and children’s rights or my parent’s in this situation? Is my wife correct in asking me to have separate housing for her and my parents?
- I have a wife and 3 children. We live with my parents in one house. The house we live in is jointly owned by my father and mother, who happen to be married in community of property. I also have 2 sisters who are married and live in different cities. My parents have said that they want to give the house to me. As I understand the inheritance Shariah, my 2 sisters would have share in the house as well, and they are eager to comply with the Shariah. They are settled in their own homes and are very unlikely to come and live in this house. I suggested to my parents that we come to an agreement with my sisters for me to pay off an amount in lieu of their shares while my parents are still alive so I can plan for the future and make extensions to the existing house. I also suggested an agreement that I defer taking ownership of the house on my parents’ demise. (1) Is it possible to determine the share values of each inheritor prior to the demise of the parents? (2) If the above is possible can we proceed to distribute shares or to buy any individuals portion of the share prior to the demise of my father? (3) What is the Shariah status of the marriage in community of property of my parents and how does this impact on the distribution of the shares? (4) Is it possible that after the determination of the share values in the house (if this is allowed) to defer the actual transfer of the ownership of the house to myself when my parents pass on? Can such an agreement be put in place according to Shariah?
- Alhamdulillah I am the only son to my parents and I have five sisters all are married and settled. As my father is a retired Govt. servant, Allah blessed me a good job in Gulf. All the expenses of my sisters’ marriages plus building of our house, hajj of my parents was purely done by me Alhamdulillah. My act was purely to get the blessings of the Almighty Allah and to see my parents happy all the time. The house we live is owned by my father and all these years my parents kept saying that the house belongs to me and I never pressed my father to write the house in my name. Now the time has come and my father wants to write the property to my name. But, my parents want their wish to fulfilled and requesting me to give 10 lakhs each to my sisters as a gift to own the house. As per my parents, the present value of the house is about 1.5 crore. Is this fair to give share to my sisters for this deal? Do I have to fulfill the wish of my parents? What is sisters’ right in property?
- Q: I have a question regarding Inheritance. My grandfather had 5 sons and 2 daughters. He lived in a small house consisting of only one room. My two uncles were living in grandfather’s house, one occupied the room and another made a machaan. Two uncles moved out and got their own house. My father got job in army and moved from one place to another. Finally my parents decided to settle in another city. Out of the two uncles living in grandfather’s house, one moved to another house after his children got married. Only one uncle is living in this house with his youngest son. Elder son is well off and has got many houses but my uncle insists on living in this paternal house. Now comes the question of inheritance. My father moved out due to job and then settled in another city as per demands of family and children. Also the paternal house is very small, that’s why one uncle decided to move to his son’s house. Now when my father and others demand their share in the house, the uncle living in this house is not willing to sell it or give share to his brothers/brother’s family. He says that as everyone moved out and only he is living in this house then there is no share for others. Out of the 7 children, only 3 are living including my father. Both the daughters and 2 brothers are dead. This inheritance issue is causing bad blood between brothers and brother’s children. I request you to reply as soon as possible as what should be the solution to this problem.
- My grandfather passed away a few years ago. He left his house to my grandmother, and his house in India to my two maternal uncles. What is the shari’ method for the house to be distributed?
- Alhamdulillah, both our parents are Alive. We are three brothers and two sisters. All are married and well off. The sons are residing out of India having international citizenship. The daughters are staying in Mumbai near to the parents’ house. At present the daughters are looking after the parents by visiting the parents’ house as and when required. All the brothers and sisters are educated and physically fit. Now our parents have two houses, the one in which they are living and the other house is under redevelopment construction, which will get possession after 4 years IA. My queries are; (1) Can our parents give equal share to all their children in their lifetime? (2) Can they give from only one or both? One of our brothers has no problem if our parents want to give us equal, but two elder brothers are having this problem. My parents are very confused, kindly let us know what is right and halal, as per Islam.