Gifting inheritance share to mother
Question
My father has died. He left behind a house, the approximate value is $250,000 and 2 cars worth $5000 each and no cash. He left behind 1 wife, 3 sons and 2 daughters all of whom lives in the same house but none of whom can afford to buy the house or even pay rent. My question is would it be correct if all the siblings agree, to give our inheritance share to our mum so everyone can continue to live in the same house?
بسم الله الرحمن الرحیم
Answer
It is permissible for bāligh (mature) heirs to gift their share of the property to their mother if they wish to do so as long as this is done happily out of their free will. It must however be noted that if one of the siblings passes away before the mother and has children, the grandchildren will not inherit when the grandmother dies (the grandmother can write a bequest for them in up to one third if she wishes). Likewise, if the mother re-marries and dies, the husband will be entitled to his share from the whole property.
To avoid potential disputes in the future, the preferred option is for all the heirs to retain their shares in the property and mutually agree and consent for everyone to live therein. The share in the house for each heir will be based on their inheritance percentage.
Allah knows best
Yusuf Shabbir
12 Rabīʿ al-Thānī 1443 / 17 November 2021
Approved by: Mufti Shabbir Ahmed and Mufti Muhammad Tahir
