Transactions & Dealings >> Inheritance & Will

Question # : 32612

India

1)Janab ‘X’ died a few months ago. He had a house in Delhi where he lived with his wife. He had no children
a)The Widow told the brothers and sisters of Mr. ‘X’ that Mr. ‘X’ used to say that he would give this house to a particular brother; the reason given for this by Mr. ‘X’ to his wife was that that particular brother had been helping him with money for long. Some family members pointed flaws in this will/intention for hiba-bil-iwaz. Therefore, it was not accepted.
b)Apart from the Widow, the other heirs of Mr ‘X’ were his 2 brothers and 3 sisters.
2) Two opinions have been given in regard to the house:
a)The house belongs to the Widow and the 2 brothers and 3 sisters according to shares as per Mohammedan Personal Law, and, therefore, the property documents should be got transferred in the names of all the above persons.
b)The house belongs 100% only to the Widow; the 2 brothers and 3 sisters have no share in it. Therefore, the property documents should be transferred only in the name of the Widow. If this is so, it is under what Law? What are the rights of the Widow on this house with regard to sell/gift/will? To whom the house will go on her death?

Answer : 32612

Published on: Jun 21, 2011

بسم الله الرحمن الرحيم


(Fatwa: 960/816/B=1432)

In the question mentioned above, by making a will to give your house to your one brother, he will not have right to receive it. Merely the wish is useless and if he has willed then also house of deceased person shall be divided among his live heirs as per the Quran and hadith; since the will made for heir is null and unlawful. The widow too deserves her rights in the house as well as his brothers and sisters. As per the Shariah, the house of the deceased shall be divided into 28 shares; out of which one fourth i.e. 7 shares shall go to the wife, 6-6 shares to each brother, while 3-3 shares to each sister. The detail of Shariah distribution is as follows:

Detail:
Wife: 1x7 = 07
Brother: 2x6 = 12
Sister: 3x3 = 09
Total: 28 Shares


Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

Related Question