Fatwa ID: 08126

Answered by: Maulana Abdoullah Limvoonheek

Question:

Is it compulsory to sell a house if both parents own the house and the father passes away? The mother is still alive and living in the house with two unmarried children (daughter 30 and son 19 years old).

The father’s mother is still alive and has to get her inheritance.

Lastly: Is it permissible for all the heirs to agree to give their shares over to the mother and not sell the house?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allah, the Most Gracious, the Most Merciful

Answer:

When a person passes away, the following process occurs:

First, burial expenses are paid.

Then, any debt the person had will be cleared from the estate.

If there is any wasiyyah (bequest), 1/3 of the estate will be allocated accordingly.

Only after these matters, the distribution of the inheritance to the heirs will take place.

1. Is it compulsory to sell the house if both parents own it and the father passes away?

If the house was jointly owned by both parents, the mother will retain her portion of the house (the part she owned). The father’s share of the house will be distributed according to inheritance law.

The house does not need to be sold unless the mother agrees to it, and her share must remain hers. The children will inherit the father’s share, which will be divided as per the Islamic inheritance law.

2. The father’s mother is still alive and has to get her inheritance.

According to Islamic inheritance law, the father’s mother (grandmother) will inherit from the estate. Her share will be one-sixth if the deceased has children (like in this case). This portion will be taken from the father’s share.

3. Is it permissible for all the heirs to agree to give their shares to the mother and not sell the house?

Yes, it is permissible for all heirs to agree to give their share of the inheritance to the mother. This act would be a great gesture of kindness, as it will support the mother after her husband’s death. In this case, there would be no need to sell the house. This is highly encouraged, as it helps provide stability for the mother and allows the unmarried children to benefit.

In summary, it is not compulsory to sell the house after the father’s passing. The heirs can give their shares to the mother, and the house can remain with her without selling, provided all the heirs agree to this arrangement.

Hope this answers your question.

Only Allah (عز و جل) knows best.

Written by Maulana Abdoullah Limvoonheek
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham

References:

Surah Nisa, Ayah 11

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