Mufti Online — Madrasah Ta'leemuddeen

Inheritance after registering a property on one's wife's name

· 13 Dhuʻl-Qiʻdah 1446 AH1 min readEnglish

Question

A husband purchased a land padi field with his money. He registered it in the name of his wife.

His wife passed away three years ago. The husband also becomes the heir with his children. The land is 3.5 acres. How many shares will the husband and children get from this?

Answer

After purchasing the land, if the husband gifted the land to his wife and gave her complete control over it, then she became the owner of the land. Hence, upon her demise, the land will form part of her estate and will have to be distributed among her heirs according to their shar'ee stipulated shares of inheritance.

Inform us regarding how many children she has and whether her parents are alive. Then we will be able to explain to you how much each heir will inherit from her estate.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
View original Compare with other Darul Iftas
Questions about this ruling, answered only from the archive with sources.

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 Mufti Online — Madrasah Ta'leemuddeen. 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: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/35777
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-35777

Related fatawa