Do I Have to Bequeath My Property Paid with My Own Money?
Answered by Mawlana Ilyas Patel
Question
My parents assigned me ownership of our family home and responsibility for the mortgage around 20 years ago. I don’t live in that house, but during that time, I managed to pay the mortgage off while also paying for my own home.
My elderly parents now wish for my siblings to inherit from that property as they have nothing else for my siblings.
I’m happy to give my siblings a portion, but I feel it is unfair for the property to be split up using inheritance rules.
What rights do my parents and siblings have in this matter?
Answer
In the Name of Allah, the Most Merciful and Compassionate
I pray you are in good faith and health. Thank you for your question.
If your parents have transferred the ownership of the house to you and you have paid off the remaining mortgage, it shows that you are the sole owner of the property. Inheritance laws are only applicable after your demise and not before. Nevertheless, if you intend to distribute the property among other siblings per the inheritance rules with your own will or whatever you want to give, it is a commendable gesture but not Islamically necessary.
What Rights Do My Parents and Siblings Have in This Matter?
The property is yours, solely owned by you, and paid off by you. Their only rights would be inheritance rights if you were to pass away—anything you give while alive will be from your brotherly goodness and consideration of your siblings.
The deceased’s estate must be divided immediately upon his death, as every heir becomes an immediate owner of his or her share and has the right to their property. Delaying, therefore, is sinful, so due care must be taken.
[Maydani, Lubab Fi Sharh al-Kitab]
I would advise you that despite this answer, you should consult a reliable, local scholar on the specifics of your situation and family details.
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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.
