• Transactions & Dealings >> Inheritance & Will

    Question ID: 43814Country: United States of America

    Title: Inheritance of Property - when the intention of the son who financed the property was not clear

    Question: My question is regarding inheritance of a property (land+house) which was initially purchased by money combined from my income and my father’s income. When I contributed the money, my intention was not clear as to whether I have a share in the property or it is a gift. When this property will be up for inheritance would the full value be split between me and my sibling or the share which belonged to me will be given to me and the share which belonged to my father be split. We have two such properties one in which I have contributed and the other in which my brother has contributed. Both have different market price. But in both the cases, the initial intent of our contribution is not clear. Alhamdulillah, parents are still alive and may they have a long life, but I wanted to clarify this as early as possible to avoid future misunderstandings.

    Answer ID: 43814

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 357/278/B=1434) When you or your brother gave money to your father for buying the property, so what was your intention that time? Did you give it as debt or as gift to assist your father? If you gave with an explaination that it is debt then you and your brother may take it back from your father, but if you gave it as gift then the purchased property shall belong to your father and the support of both of you shall be considered as benefaction.

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India