Fatwaa ID: 1998
Assalamoalaykum WRWB Muftiyaan kiraam,
I have a query regarding inheritance property.
An elderly couple have 4 adult children, 3 daughters who are overseas and a son who is going overseas soon.
The couple recently got an interest free property which is the current family home. The Father still has to return the principal amount to the lender but those are flexible payments and he can do so as quick or slow as per his convenience.
One of the daughters is interested in some investment property and the Father has offered her the family home. This is because he feels he wont be able to keep up with the payments and he needs support with repayments. As per his judgement none of the other siblings are interested in owning the property. The property is currently in the mother’s name.
So the daughter will pay him and he will pay the original lender. Ofcourse she wont be paying any interest and the same flexibility applies to her dealings with her father.
The daughter is a bit hesitant as she is not sure whether one can buy an inheritance property.
The father doenst want to engage the other siblings since he believes they wont be interested. Financially they cant help him. Also he believes they are not financial stakeholders yet as the parents are still alive.
This daughter cannot invest in another property and help him at the same time. She has to choose as well.
Kindly advise if there are any Shari’ awamil at play that the father and daughter have to keep in mind. Is buying the family home in installments something that is allowed?
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.
May Allaah Ta’aala bless the couple and grant them a long blissful life. We understand from the details of your query that the property is owned by the father although it is legally under the mother’s name. Accordingly, the father may do as he wishes with the property. It belongs to him. Contrary to the understanding of the daughter, it is not an inheritance property. He may sell it to whoever he wishes, including his daughter. When doing so, he does not have to engage the other siblings. However, it would be advisable for practical reasons that he informs them that he has sold the property to her. This should obviously be documented as well.
And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
06/10/1445 AH – 12/24/2023 CE | AML1-8659
وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين
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