Question
I am the right full owner of a property. My daughter and son in law approached me and asked if I was willing to assist them by letting them get a loan on my property as they were in financial problems.
The property is legally registered to my other daughter’s name. So, a deed of sale was made between the 2 sisters and the bank then loaned the daughter who came to me for assistance and a bond was granted. Neither me or the daughter on who’s name the property was registered received any funds.
So the son in law and daughter has the monies received from the bond grant and are paying off the bond. I want to now gift this same property to 2 of my other daughters who my step daughters that I accepted when marrying my wife.
I have paid for this property in cash when I purchased it but now there’s a bond on it owing to the bank by my son in law and daughter.
Can I bequeath this property to my other two daughters?
Answer
It will be permissible to bequeath the property to your two step daughters since they are not regarded to be from your Shar’i inheritors. However, since Shari’ah only allows a person to make a Wassiyat (bequest) up to the value of one third of the entire estate after all debts are settled, upon your passing, the value of the property will be considered.
If the property together with all your other bequests fall within one third of your estate, your two step daughters will receive ownership of the property. If not then with the unanimous permission of all your inheritors they can still be given ownership of the property. If your other inheritors do not grant permission and this is your only Wasiyyat then your step daughters will only be made owners in the property to the value of one third of your estate. e.g. if your estate is valued at R900000 and the property is valued at R500000. Then in this case your two step daughters will receive ownership to the value of R300000 only which is equivalent to 3/5 of the property.
If during your lifetime the property is destroyed, repossessed or ownership is lost then the Wasiyyat would fall away. If the property is still in your possession at the time of your passing then the ownership of the property will be transferred to your step daughters (provided it falls within the one third after paying all debts). However, if the property is still being used as collateral by your daughter and son in law, then they would be required to pay up their loan so that complete control is given over to your step daughters. If they are unable to pay up the debt immediately, then as soon as the debt is paid, full possession of the property would be taken by your step daughters.
If the property is repossessed after your passing then your daughter and son in-law would be liable to recompense your step daughters.
Checked and Approved By:
Mufti Muhammed Saeed Motara Saheb D.B.
References
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