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Inheritance query

Fatwaa ID: 2068

Question:
Assalamu alaikum

my question is about inheritance. If a house was bought while the parents were alive with the intention that all the family will live there and most of the mortgage was paid by the elder brother but the other brothers contributed for a few years respectively.

Now the elder brother is saying that the house is his to do what he wills whereas the brother who’s name the house is says as the parents have passed away the house belongs to all the siblings.

Is the elder brother right or does the house belong to all the siblings as the house was bought while the parents were alive as a family house.

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

We take note of the details of your query. The mere purchasing of a house with the intention that the family will reside therein will not transfer ownership to any member of the family. The purchaser will remain the sole owner of the house. Likewise, putting names of family members on the title deed without a valid gifting will not transfer ownership. A gifting is only valid if there is a valid acceptance found from the giftee during the lifetime of the gifter, along with the giftee assuming constructive possession. If these two conditions are not found, then the gifted item will remain in the ownership of the gifter even if legal documents say otherwise. Upon his demise, it will form part of his estate.

In the enquired situation, it is not clear who purchased the house and what agreements or decisions were made by him. If the father had purchased the house in the manner described in the above paragraph, then the house was his and will form entirely part of his estate upon his demise. The contributions of the sons towards the payment of the house would be regarded as an act of kindness to the father; it would not transfer ownership to them.

It should be noted that an interest bearing loan is haraam. Such a loan is a war against Allaah Ta’aala and His Messenger ﷺ. It only brings about regret and remorse in this life and in the Hereafter.

You may revert to us with further details and we will advise accordingly. We advise the family to be Allaah-conscious and truthful when providing such details and also when winding up the estate.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

07/15/1445 AH – 01/27/2024 CE | 791

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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