Mother gifting a house to her children during her lifetime
Question
We are 2 brothers and 1 sister. Our father passes away long time ago and our mother is alive.
We have one house which is on our mother's name. She wants to divide the house between us siblings. How should it be done according to shariah?
Answer
During her lifetime when she is in the right frame of mind and physical well being she can give it. It is best that she divides the home in equal parts to all the siblings if she does this in her lifetime. For example, if there are 3 rooms then each child gets one room. The areas of the house which cannot be divided, such as the toilet, kitchen etc. she can give it to all and they will have equal access to it.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Ebrahim Salejee (Isipingo Beach)
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