Mu' meneen Brothers and Sisters,

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:

Assalamu alaikum,

I would like to know the wether the grandchildren have legal right on thier grandparents property, and i would i like to know, wether the children have right on thier parents property bought by them from thier own money

Thank u, Plz reply 

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Property Rights

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.

 

Your Question: I would like to know the wether the grandchildren have legal right onthier grandparents property

A grand-child has no legal right on the property of his deceased grand-parents in Shariah; but if a grand-parent wishes to leave some of his property to his grand-children, he/she is well within their rights in Shariah to bequeath them (or anyone else) upto one-third of their property through a ‘will’.

 

Your Question: ….i would i like to know,wether the children have right on thier parents property bought by them from thier own money

The distribution of a deceased property in Shariah will depend upon the legal ownership of the property, absolutely regardless of whose money the property was originally bought.

 

The children of the deceased are obviously the legal heirs of the properties and wealth legally owned by their deceased parent/s, and they will receive their share from it as prescribed by the Laws of Shariah.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan