Inheritance and Wills
26th January 2025
"Salam, Dear Respected Mufti,
I want to ask a question regarding inheritance. We are two brothers and two sisters, i.e., four children of our parents. We had one house which my mother had built with great effort, and part of it was also in my father’s name. The house was in my father’s name. Then, my mother passed away in 1986. After some time, my father received a golden handshake from his job and used that money to further build the house, but in 2001, he sold it. After that, in 2002, my father bought a flat which was in his name, and we, the two brothers, lived with our father in this flat. Our sisters were married at this point. My elder brother built another flat on top of the original one using his personal money, where he lives with his family (this is against government rules, meaning it is illegal), and I live downstairs with my family. My father passed away in 2009. Now, we want to divide the inheritance according to the Islamic law of inheritance.
Please clarify the following:
How much share will the brothers and sisters get from this flat?
What will happen to the flat that my brother built using his money on top of the original flat?
Will both flats' value be included, or only the value of the lower flat will be considered for division?
Since my father passed away in 2009, will we have to pay rent to the two sisters for this period, as inheritance is now being distributed?
According to Islamic principles, if the property is in the mother's name, what is the share of the daughter and the son? And if it is in the father's name, what is the share of the son and daughter?"
Please provide detailed clarification and send the fatwa with the stamp of the institution.
Thank you."**
Inheritance and Wills
21st November 2023
My wife and I share a property with a mortgage. The mortgage is in her name. I live there and benefit from the property as my home. When my wife dies the debt will not pass to me legally. Is it right that I benefit from the property but do not share the burden of the debt if I die.
Inheritance and Wills
25th June 2023
Salaam,
I helped my deceased father in buying a house. My father invested 17 lacs and I invested 10 lacs. I have 5 brothers and 2 sisters. Since the house is a joint property, please guide where do I stand in this situation?
Inheritance and Wills
4th November 2022
Assalamoalaikom. My Question is regarding inheritance. I will give you the background to the whole issue. Me and my 2 brothers including our parents were financially in a joint system. I lived in Pakistan with my parents whilst my brothers worked in the uk . We lived in Pakistan mostly on my father's pension . Now and then my brothers would send money. If we wanted to buy land etc they would help my father . I was studying in madrasah so I couldn't contribute. In 2001 my brother and my sister came to Pakistan to marry off my neice (sisters daughter) . My father paid for the whole wedding including her gold jewellery. This act of kindness of my father saved my brother and sister the money they had brought with them for the wedding. So with that money my brother went and purchased some property in Islamabad. He wanted to keep the property in his name however my mother told him your father is alive you have to buy it in your father's name . Whether willingly or unwillingly he purchased the property in my father's name. Now our father has passed away. My elder brother has mentioned many times to me that he wanted to purchase that property in his own name but was forced to buy it in our father's name. My question now is after our father has passed away does this property come into inheritance or do we all brothers and sisters leave it to my elder brother? Please note in 2005-2006 I came to UK and also contributed monetarily towards our joint family financial system . We all separated amicably in 2006 and went our own ways financially. My father passed away in 2018.
Inheritance and Wills
4th October 2022
Assalam o Alaikum
Dear mufti sahab i have a question regarding property issue as my father died
almost 25 years ago and we are 7 brothers and 5 sisters living with mother
Alhamdulillah. My father left some agricultural land which we have not
distributed untill now for some reasons but we are now agreed to divide
according to shariah. My question is as in 25 years we have purchased other
properties as well like house, plots, car and tractor etc from the same
agricultural land now how we divide the other property which we purchased
after father. Please give answer with reference if possible
JazakAllah
Inheritance and Wills
14th September 2021
My father inlaw has 3 daughters and he died in August 2009 and mother Inlaw died in April 2021. Father Inlaw has two brothers and mother Inlaw also has two brothers. How the property will be distributed? Will Some portion will go to their brothers?
Inheritance and Wills
29th August 2021
My grandfather had 4 daughters and 2 sons when died and my grandmother was alive.now during the life of our grandmother one of her daughter(my aunt) died and now my grandmother has passed away.Now does the share of deceased daughter(my aunt) exist and given to her children?
Inheritance and Wills
21st July 2021
My wife helped me All my life.
While I am still alive I want to give her every thing, all my assets as a gift