Ownership & inheritance of property acquired jointly
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:
Assalaam O alaikummy husband and myself are both employed and drawing salary from our employment. there is no other source of income. We jointly invested money (both from our savings as well as from finanacial help from bank - both islamic & non-islamic financing) in some properties constituting land and apartments.the share of contribution in each property may or may not be accurately be arrived at.However, all properties are in my name. there was no specific reason for registering all properties in my name - no tax implications as generally are as, being NRIs, our income is not taxable. Often this question came up - but my husband always said that he wants it registered in my name only. In one instance, he agreed to registering it in his name , but somehow when he was supposed to travel for the purpose, he had to cancel his flight due to certain circumstances and then i travelled t india and property was again registered in my name. Currently, like all our income and expenses, zakat was being calculated under my name for all assets owned (as all assets are in my name) but the payment was made jointly by us together over the span of few months to people as and when required. Somtimes, by me & sometimes by my husband depending on whoever had cash at that point of time. However, there has always been a question in the heart whether this is right or not.Hence seek your advice on the following points:1. who is the actual owner of these properties as per shariya.2. who should pay the zakat on the same. is the shared payment of zakat right or we need to recalculate and amend our mistakes done in the past3. how will the inheritance of the property be decided. Awaiting your guidance, your sister in IslamAA
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Answer:
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 you and your husband own the properties jointly and there is a verbal agreement then there is no harm if the zakat dues are paid by either or both of you. The fact remains that the zakat has to be paid. There is no express necessity to change the legal names of the titles as long as there is an understanding between the two of you. Both of you will be the legal inheritors of the properties. If there is no intention on your minds to usurp each others share then there should be no problem.
Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,
Members of Islamhelpline
