Inheritance of Property Registered Only in Sons’ Names
Question
My grandfather left a property
He had 2 sons and 4 daughters. All are late.
But the property was put only on the 2 sons’ names. My father and my uncle’s name.
Do we need to distribute the sale of the property to the heirs of the 2 sons only because the property is in their name or does it have to go to the heirs of the 2 sons and 4 daughters.
Clarification:
Everyone in the family knows that my grandfather never allowed anyone to make decisions and he was incharge of the property.
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-Salāmu ‘Alaykum Wa-Rahmatullāhi Wa-Barakātuh.
There appears to be a dispute in this matter, and the details provided in the question are limited. Therefore, we advise you to consult a reputable scholar or mufti who is respected by both parties, so that he may mediate the issue and provide appropriate guidance.
And Allah Ta’ala Knows Best.
- Checked & approved by
- Mufti Muhammad Zakariyya Desai.
Where scholars differ, it’s safer to take the more cautious view.
Fatawa SA is an independent, read-only index of fatawa already published by Darul Iftaa Camperdown (Madrasah In'aamiyyah). It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue
For corrections or mistakes, please email us at fatawasa786@gmail.com.
Source: Darul Iftaa Camperdown (Madrasah In'aamiyyah) — https://iftaa.co.za/8931/inheritance-of-property-registered-only-in-sons-names/
Fatawa SA: https://fatawa.co.za/fatwa/camperdown-8931
People also ask
Why do sons and daughters inherit different shares?
“The bequest your mother made of distributing the estate equally is not permissible. The estate will have to be distributed in accordance to the law of shariah. The law of shariah is that the son will receive double share of the…”
Mufti Online · 59 fatawa from 7 Darul Iftas on this
What the Darul Iftas saySame question, other Darul Iftas
The closest match from each Darul Ifta, found by wording. Check that the question matches yours.
Compare the answers side by side
Related fatawa
Ask Imaam27 Aug 2000My share in my late mother's inheritance from her late son's propertyI and my younger brother are the only surviving offspring to my late mother.Do we have rights over the share…
Mufti Online3 Jan 2018InheritanceMy grandfather died 22 years ago. He left behind a big house but the property was never distributed among…- Mufti Online20 Mar 2017Depriving heirs of their share of the inheritanceParents have two sons and two daughters. After their marriage they distribute their property and asked them…
- Ask Imaam13 May 2007Inheritance from my grandfatherI would like your advice how my family should distribute the money that we have received from late…
- Mufti Online20 May 2012Zakaat on a House Not Yet Registered On One's NameIs zakaat paid on money that has been given to buy a house but the house is not yet on my name?