Are Properties Registered in a Mother’s Name Considered Part of Inheritance, and Can Distribution Be Delayed?

Answered by Mawlana Ilyas Patel

Question

My late father owned seven properties, with one in his name, one in my and my brother’s names, and the rest in my mother’s name. Do the properties in my mother’s name count as inheritance, and how long can we delay distribution?

Answer

In the Name of Allah, the Most Merciful and Compassionate

As you mentioned, your late father owned all the properties. Some were named after others. Thus, they will all count as inheritance and must be distributed accordingly, including your mother’s.

From the fiqh point of view, a house belongs to the person who invested in purchasing it. Changing the title deed of the house will not make the named person on the house an owner. For example, if the house is gifted to someone who is given full possession of the house Islamically, then they can become an owner. See the link below. [Ibn ‘Abidin, Radd al-Muhtar]

Division of the Inheritance

Islamically, one’s estate should be divided as soon as possible after one passes and any debts and bequests have been covered. Islamic law prescribes the immediacy of the distribution to ensure that the rightful heirs receive what is due to them since they automatically become the rightful owners of their shares upon the passing in question.

Practical Division

Everything a person owns becomes part of inheritance upon death and should be distributed according to the Quranic apportioned distribution and prophetic guidance:

a) by first paying for his funeral and burial expenses, any debts, and distributing one-third of the deceased’s will – if they had made one – for example, the deceased asked for his religious liabilities to be paid off, like unpaid Zakat, fidya for prayers, Zakat or any other obligatory monetary obligation, like expiation (kaffara) of an oath, fasts, etc. and gifts to non-heirs.

b) Finally, the remaining assets and estate will be distributed among the inheritors in consultation with a reliable scholar or Mufti.

All the wealth left behind by the deceased at the time of his death, which includes everything they owned, such as cash, gold, silver, properties, all chattels, and all contents; hence every big and small item that belonged to him at the time of his death will be totaled and termed as the “estate (taraka).

If the deceased assets can be liquidated, then the resulting funds should be distributed according to the shares specified by Islamic Law. However, if the heirs agree to an alternative arrangement where assets are given to each heir equivalent to the value of their share, this is also permissible.

Summary Guidelines after Someone’s Demise

Payment of funeral and burial expenses,

– Payment of all debts,
– Payment of any Islamic will (wasiyya) from one-third of one’s wealth, including any religious liabilities, such as unpaid zakat, fidya, etc.
– You may leave a will stating your concerns and urge the heirs to support each other after the demise of each parent and distribute it accordingly.
– The remaining assets and wealth will be distributed among the inheritors according to Sunni Islamic law in consultation with a reliable scholar or Mufti.

[Sajawandi, Al-Siraji Fil Mirath]

I would like you to go through the valuable answers and links below. In sha Allah, you will receive guidance and direction.

– How Should My Wealth Be Distributed After My Death? Is the Name on a Title Deed of a House Considered?
– How Do We Deal With the Death of a Loved One?
– How to Divide Inheritance After a Parent’s Death?
– Inheritance Questions Following Father’s Death
– Inheritance Archives

I pray this helps answer your question.

[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat