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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?

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: 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?

Bismillaah

A: If the house was sold or gifted to the daughter by the deceased father in his lifetime, then the house will belong to the daughter. However if the deceased father only asked her assistance in paying the bond and did not sell the house or gift it to her, then it will remain his house which will form part of his estate.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

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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