Fatwa No : 97177
The ruling on ownership when sons acquire property in their own names during their father’s lifetime

The ruling on ownership when sons acquire property in their own names during their father’s lifetime

What do the respected Muftis say regarding the following matter? A man had four sons. The eldest son went to Malaysia, where he earned money and continued sending money home, from which the household expenses were met. He also kept some money with himself, and later, using that separately saved money and without any financial assistance from anyone else, he purchased a house. Subsequently, his father passed away. Now, at the time of distributing the inheritance, the other three brothers claim that the house purchased with his personal money should also be included in the distribution because the house was purchased during their father’s lifetime. If a son purchases a house or other property with his own personal money during his father’s lifetime, does it become the property of his father? And can the other brothers demand that it be included in the inheritance and distributed among them?

الجوابُ حامِدا ًو مُصلیِّا ً

It should be clear that if a son purchases a house or any other property with his own earnings during his father’s lifetime, the property does not become the father’s property merely by virtue of having been purchased during the father’s lifetime. Unless the son formally transfers it to his father, it remains his own property. Therefore, in the stated case, the house purchased by the eldest brother with his personal earnings during his father’s lifetime remains his exclusive property. Accordingly, it is not permissible under Shariah for the other brothers to demand that the said house be included in the deceased father’s estate and distributed among the heirs without the eldest brother’s consent. They must refrain from doing so.

مأخَذُ الفَتوی

کمافی العقود الدریۃ فی تنقیح الفتاوی الحامدیۃ:(سئل)فی ابن کبیر لہ عیال وکسب مات ابوہ عنہ وعن ورثۃ یدعون ان ماحصلہ من کسبہ مخلف عن ابیھم ویریدون ادخالہ فی الترکۃ فھل حیث کان لہ کسب مستقل یختص بماانشاء من کسبہ ولیس للورثۃ مقاسمتہ فی ذالک ولا ادخالہ فی الترکۃ(الجواب)نعم۔(کتاب الدعوی،ج:2،ص:17، مط:مکتبہ حقانیہ)
وفیہ ایضآ (أقول) وفي الفتاوى الخيرية سئل في ابن كبير ذي زوجة وعيال له كسب مستقل حصل بسببه أموالا ومات هل هي لوالده خاصة أم تقسم بين ورثته أجاب هي للابن تقسم بين ورثته على فرائض الله تعالى حيث كان له كسب مستقل بنفسه الخ(کتاب الدعوی،ج:2،ص:17 ،مط: مکتبہ حقانیہ)