Fatwa #564618 May 2002South Africa
, My father has two houses, the day he dies one house goes to my brother and one to me. Is this acceptable if not please advice
Question
But he says i can only inherit my house after something happens to my mother, as i am already married, and his money is not to be shared only after my mother dies, and thereafter my brother gets half and i get half not 2/3 and 1/3. F or him to want to share his things this way is it acceptable, and can i take half of his share even if daughters are only allowed 1/3.
Answer
It is incorrect to make such a bequest.
Upon the death of your father, all his property will make up part of his
estate. This estate will be distributed according to the Islamic Laws of
Succession and Inheritance. Also, the condition that 'his money should not
be shared only upon the death of your mother' is definitely not acceptance
in Shari'ah.
and Allah Ta'ala Knows Best
Mufti Muhammad Kadwa
FATWA DEPT.
CHECKED AND APPROVED: Mufti Ebrahim Desai
Upon the death of your father, all his property will make up part of his
estate. This estate will be distributed according to the Islamic Laws of
Succession and Inheritance. Also, the condition that 'his money should not
be shared only upon the death of your mother' is definitely not acceptance
in Shari'ah.
and Allah Ta'ala Knows Best
Mufti Muhammad Kadwa
FATWA DEPT.
CHECKED AND APPROVED: Mufti Ebrahim Desai