Distribution of Wealth: To Whom my father supposed to nominate this house
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
As Salam Wa Alaikum, Bhai Burhan How are you, Bhai Burhan,
I got information in our site about distribution of wealth, but Kindly let me know if my father owned a single House and he has 3 daughters and Only one son. So, according to sunnah and our Glorious Quran . To Whom my father supposed to nominate this house. Al Hum Dillah, Since my childhood i worked hard for my family and Al Hum Dulillah with the grace of Allah i am serving towards my family and I did my two sisters marriage. and i sent money for renovation of my House. But, after my older sister's marriage. she came with her husband and she finance some amount to build my house and she is staying with her husband. But, I am staying in Gulf for employment. And my parents giving too much value to my older sister and her husband. i think my parents will nominate our house to my sister this is my internal feelings. If they do that what i feel, than what can i do? shall i can raise my voice to get my rights? kindly provide your guidance according to sunnah and Al Quran.
Jaza Kallah E Khair
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Answer:
Inheritance
In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.
If the house in question is currently owned by your father, and your father is alive, then the house remains his property and he is well within his rights to gift whatever belongs to him to whomsoever he wills and pleases. During his lifetime, if your father wills to gift this house to his eldest daughter alone, he is well within his rights to do so; if he wills to gift it to you, he is well within his rights to do so; and if he wills to sell the house and use all the money for himself or give it all to charity....he is well within his rights to do so!
As long as your father is alive, and he is the owner of the stated house, that property belongs to him and he can do whatever he wills and pleases. As long as your father is alive, and he is the owner of the stated property, neither you nor nor sisters have a legal right to demand any share of your father's property as your right.
It is only after he dies that his property will be distributed as inheritance amongst his surviving legal heirs according to the prescribed shares in Shariah.
Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is only ones. Allah Alone Knows Best and He is the Only Source of Strength.
Your brothers and well wishers in Islam,
Members of Islamhelpline