Fatwa ID: 05667

Answered by: Alimah Sofia Mirza

Question:

I am the only son along with my sisters and father. I used to give every month handsome amount to my mother for her medical treatment and home running expenses in Pakistan. Now she died and I have the following questions regarding inheritance:-

1) From the money which I sent to my mother she used to save some money now after her death do I have a right to that money or it will be shared among sisters and father. Kindly advise.

2) My mother built the upper portion of our house from money which I gave to my mother. After her death, if we sell this house then will I get more share considering the fact that money was provided by me or my siblings will also have a claim on that portion also for which I paid. My sisters acknowledge that the upper part is built from my money.

Kindly guide how to resolve this matter as per Islamic law.

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

1. The money which you have given to your mother was given as a gift which you did not expect to be returned and as a gift, the money was not transferred to your mother’s property and possession and you are no longer the owners of that money[1], so this money will not be under the inheritance which will be divided equally between the inheritors.
2. As I mentioned above that the money was a gift to her and she chose to invest in the house, but you personally did not invest the money in the house with that intention, hence the house will also have to be divided equally between the inheritors.

Only Allah knows best

Written by Alimah Sofia Mirza

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

[1] Raddul Muhtaar, Daru Alimil Kutub, Vol 8, Pg.488

تمليك العين مجانا بلا عوض