Darul Ifta Ibn Masood

Estate duties

· 18 Jumada I 1444 AH1 min readEnglish

Question

My brother sold his house to me during his lifetime. I paid for the house but it was not transferred onto my name. He left behind a huge estate and my house will also form part of the estate, even though I am the actual owner of it in terms of Shariah. The remaining heirs feel that I am also partly responsible for the estate duties. Is this correct, and if yes, how much am I responsible for?

Answer

Yes, you should also contribute towards the estate duties according to the percentage that your property holds in the estate. For example, the first R3.5 million is duty-free in an estate. If the assets exceed the R3.5 million mark, then the estate will be charged 20% duties. Lets assume that the deceased left behind four properties valued at R2 million each, and your property was also valued at R2 million. These were the only assets of the Marhoom. In this instance, you will be liable for 20% of the duties, and the estate will pay for the remaining 80%.

References (Arabic / Urdu sources)

واجرة القسام علي عدد رووسهم عند ابي حنيفة وقالا علي قدر الانصباء كتاب القسمة ص800 – مختصر القدوري

Answered by
Mufti Mohammed Desai
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Source: Darul Ifta Ibn Masood — https://fataawa.co.za/estate-duties/
Fatawa SA: https://fatawa.co.za/fatwa/ibnmasood-21418

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