Bequest for a property to be given to someone after one's death
Question
"A" nominated the name of "BC" in immovable property during his life time at the society records, stating that after his death "BC" will be the owner of the immovable property, in the presence of his other legal heirs/family members and the other legal heirs knows the same, thereafter "A" died, whether the nominees "BC" will be the sole co-owners of the said immovable property or other legal heirs of the deceased will have right over the said property, as per Islam, Please answer.
Answer
It will be treated as a wasiyyat and bequest, and if it forms less than one-third or one-third of the estate then it will be valid.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/19445
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-19445
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Jamiat KZN · 117 fatawa from 6 Darul Iftas on this
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