Father put the house on the mothers name. How will the inheritance be divided?
Question
Assalam o alekum Hope and pray from Allah that you are doing well I have a following question My uncle passed away few years ago When he was alive he put his wife name on the house they lived in ( only my aunt name ) Now my aunt wants to sell the house and now her sons say that it should be considered as their father property and should be divided as such Or the property be considered as my aunts property and she can use the property money as she wishes Please advise JazakAllah kheran
Answer
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
In order for us to issue a ruling, kindly clarify the following:
1) Did your uncle gift the house to his wife. Did the wife have right of ownership during the lifetime of the husband.
2) It is stated in the query, (only my aunt name). Explain the reason for this statement.
3) Is there a dispute between the mother and children. If so, explain all the issues in detail.
4) Alternatively, refer the matter to a local Aalim/Mufti who will understand the situation and advise accordingly.
5) You may email at admin@daruliftaa.net reference Mohammed Akhtar
And Allah Ta’ala Knows best
M. Akhtar
Student Darul Iftaa
South Africa
Checked and Approved by,
Mufti Ebrahim Desai.
- Answered by
- M. Akhtar
- Checked & approved by
- Mufti Ebrahim Desai
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