Jamiatul Ulama KZN

Inheritance rights before demise

· 12 Rabiʻ I 1447 AH1 min readEnglish

Question

Upon the passing of my father, all the children gave the house to our mother. The house is registered in her name. Our mother now intends to sell the house. The son is objecting to the sale claiming that he has right over the house as he is an heir. Is this correct?

Answer

The mother does not require her son’s permission to sell the house as she is the sole owner of the house.

The son relinquished any right to the house when he gifted his share to his mother. The share of a potential heir has no consideration in Islamic Law.

The son may pass away first in which case his mother will then become his heir rather than the opposite. [Hindyyah 6: 447]

And Allah Ta’ala Knows Best

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Source: Jamiatul Ulama KZN — https://jamiat.org.za/inheritance-rights-before-demise-2/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-38529

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