Question

Salamu Alaikum Warahmatu Allah Wa Barakatu

Our family has an inheritance issue. The parents purchased the family home and paid the mortgage for 10 years then they retired. The two sons then took over the payment of the mortgage for 20 years until the death of parents. The house will be sold soon. How do the inheritance laws apply to the sisters who did not pay towards the house. Thank you.

Answer

If the parents purchased the home for themselves, they will be the sole owners of the house, even if their sons helped pay off the debt. Ownership of the property will not automatically transfer to the sons without a contract, whether verbal or written, specifying they are purchasing a share of the property by making the contributions. In the absence of such an agreement, the sons will not have any ownership rights before the passing of the parents. Upon the demise of the parents, the entire property will be distributed among their heirs according to the laws of Islamic inheritance. If the payments towards the mortgage were intended to purchase a share of the house, the sons will own the agreed-upon percentage. The remaining shares owned by the parents will then be distributed among all the heirs as inheritance.

If there was a clear agreement that the payments made by the sons were loans to be repaid, they can rightfully claim the amount loaned to their parents. Otherwise, the contributions will be considered voluntary and cannot be reclaimed.

It is important to note that upon the passing of the first parent, their share of the house will be distributed among their heirs, which would have included their spouse who was alive at the time.

Answered by:
Ifta Research Fellow

Checked & Approved by:
Mufti Abdul Rahman Mangera
Mufti Zubair Patel