Registered some property in his wife’s name before her death
22-5-2008 | IslamWeb
Question:
My mother died recently,second wife of my father. My father bought a place for business purpose but named it to my mother. How her belongings i-e property,jewelry,cash others will be distributed among the following descendents 4 sons 1 daughter from my mother 2 daughters from first mother 2 grandsons 3 grandaughters of late son from first mother. Thanks
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
First of all, what your father had registered on the name of your mother has three cases:
1- If he had registered it on your mother’s name while he was in a good health as a gift to her, and she possessed it during his life and before his death, then it became a gift to your mother and it became her property as this is an acceptable and valid gift. After the death of your mother this gift will be for her heirs. Your brothers from your father’s side do not inherit with you from the inheritance of your mother as she is not their mother. The stepson does not inherit from his stepmother. If your mother dies and has a husband and four children and a daughter, and did not leave any other heir, like a father or a mother, then her husband gets one-fourth share of the inheritance and whatever remains of the inheritance after the one-fourth share, will be divided into 9 shares: each son will get two shares and the daughter will get one share.
2- If your father had registered this on your mother’s name as a gift but she did not take possession of it during his life until he died. In this case this gift will be added to the inheritance and it is not a property of your mother. Hence, your brothers from your father’s side will inherit from it as it is a property of their father.
3- If your father had registered it on your mother’s name as a will that she will get after his death. This is an invalid will that should not be taken into account because it is a will for an heir, and it is not valid unless all the other heirs agree to it. In this case [if he had registered it as a will] what your father had written will be a right for all his heirs, which they should divide according to the Sharee’ah. If your father registered the property for other reasons, please refer to Fatwa 89614.
It should be noted that the matter of inheritance is very complex an issue, so a mere Fatwa which is an answer issued according to the question is not enough. Rather, the matter should be taken to an Islamic court to look into the case, or it should be presented orally (in person) to the scholars in case there are no Islamic courts. It might be that there is an heir who would not be known except after investigation, and there might also be a will, debts, or other dues that are not known to the heirs. It is known that these rights come in priority over the right of the heirs. Therefore, the inheritance should not be divided without resorting to an Islamic court, if any, in order to fulfil the interests of the dead and the live people.
Allaah Knows best.