• Transactions & Dealings >> Inheritance & Will

    Question ID: 19576Country: India

    Title: I want to purchase house 1.Can i purchase it on name of my wife? if i purchase on name of my wife what will be status of that property while distributing my wealth to hires such as sons and Daughters did other hires will have share in it or they will not have any share in it and that house is only property of my wife? 3. is it correct or haram to do this or i am doing injustice to other hires like my sons and daughters?

    Question: I want to purchase house 1.Can i purchase it on name of my wife? if i purchase on name of my wife what will be status of that property while distributing my wealth to hires such as sons and Daughters did other hires will have share in it or they will not have any share in it and that house is only property of my wife? 3. is it correct or haram to do this or i am doing injustice to other hires like my sons and daughters?

    Answer ID: 19576

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 217/D-33/K=1431)

     

    (1 & 2) Along with the purchasing of house in the name of wife, if it is given in her possession then she shall be the owner of the house. And on her death her legal heirs i.e. parents, husband, children etc will get shares. And if you do not intend to make her its owner and you are only buying it in her name due to some reason, not giving her full possession, then in such condition the house shall remain in your possession, and after your death your legal heirs i.e. wife, parents, children shall be entitled to get shares from it.

    (3) If one does not intend to deprive other heirs like children etc then he has the rights to gift it in his lifetime. Hence, you can make your wife its owner by gifting her. But if you are giving the house to your wife for depriving other heirs like children etc which may cause difficulty for the children, then it shall be a sin and injustice.

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India