Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

What is the law regarding distribution of property in the following case:

Both parents were earning members of the family, father more than the mother. Properties were bought some in name of mother and some in name of father. Mother died. She is survived by a daughter and husband. No sons. Brothers of the deceased person give up their share if any. The properties that were in name of father only are given to father. Questions are

1) What is the share of the only daughter in the properties that were in the name of mother only - when the property is bought by fathers money alone.

2) i) What is the share of the daughter in the property that was bought in the daughters name by father with the intention of her financial safety should he remarry and things go wrong as is seen with step mothers sometimes. But he also wanted to benefit from that property.

ii) Should she return it to him if he demands it , as the relationship between father and daughter has gone bad since he remarried. and the daughter is 20 years old college going without any financial/emotional or moral support from her father or anyone else. Infact she feels threatened and unsafe from him and his new inlaws.

3) Does the distribution of property depend upon who invested in the property and the intention behind it i.e the purpose of buying it.

I have submitted questions several times before , but did not receive answeres. I do understand the load and I am not the only one. I will really appreciate if you could please answere this one . Please.

Jazakallah 

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Answer:

Inheritance distribution

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

First and foremost sister, we wish to clarify that regardless of whose money was used to purchase the said properties….when it comes to a court of law, the judgment will be based on the documented evidence presented before the court of law; thus the law will consider the one whose name the property is registered in as the legal owner of the property.

If someone bought the property in someone else’s name only as a trust, and made a specific verbal or side-agreement with them that the property be returned back to them….then it is only piety and righteousness on the part of the one who is trusted that they return the trust back to its original and rightful owner.

Q-1: What is the share of the only daughter in the properties that were in the name of mother only - when the property is bought by fathers money alone.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 11-14:

11 Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half. For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah and Allah is All-Knowing All-Wise.

12 In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts. In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.

13 Those are limits set by Allah: those who obey Allah and His Messenger will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement.

14 But those who disobey Allah and His Messenger, and transgress His limits will be admitted to a Fire to abide therein: and they shall have a humiliating punishment.

If the deceased mother is survived only by her husband and one daughter, then the distribution of all her wealth, after fulfilling her debts and/or her will if any, according to Shariah will be:

½ or 50% will be inherited by the deceased’s daughter.

1/4^th or 25% will be inherited by the deceaced’s husband.

1/4^th or 25^th will be shared between the surviving brothers and sisters of the deceased, the brothers getting twice the share of the sisters.

Q-2 i): What is the share of the daughter in the property that was bought in the daughters name by father with the intention of her financial safety should he remarry and things go wrong as is seen with step mothers sometimes. But he also wanted to benefit from that property.
Regardless of the purpose behind the purchase of the property, and absolutely regardless of whose funds were used to purchase the said property, as long as the property is held in the daughters name, she will be legally regarded as the sole owner of the property.

Q-2 ii): Should she return it to him if he demands it , as the relationship between father and daughter has gone bad since he remarried. and the daughter is 20 years old college going without any financial/emotional or moral support from her father or anyone else. Infact she feels threatened and unsafe from him and his new inlaws.

If the father has bought the property and gifted it to his daughter, and the property is registered in the name of the daughter…then she alone is the legal and sole owner of the property.

It would not be piety on the part of the father to demand that the gift he has given his daughter be returned back to him; the daughter is well within her rights to do as she wills with her property. If she wills so may give the gift back to her father upon his demand, and if she wills she may politely refuse to do so.

Q-3: Does the distribution of property depend upon who invested in the property and the intention behind it i.e the purpose of buying it.

The difference between the two is moral and legal. In the courts and laws of the world, the judge will look at the documented evidence presented before him and the one whose name finds mention will be considered the legal owner of the property.

But if the property was bought by someone as a trust in the name of another, then it is the moral duty and responsibility of the person who is trusted that he return the property back to its rightful owner. Thus if one knowingly betrays one’s trust, they will be held guilty for their betrayal, and will have to pay full retribution for their transgression in the Presence of their Lord All-Knowing, All-Just on that Inevitable and Tumultuous Day of Judgment.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan