سوال

In November 2023, my father passed away, leaving behind my mother, my married sister, and me. During my mother’s iddat in Oman, we didn’t discuss inheritance because all assets were in Pakistan. My father worked as a Communication Officer for over 25 years, saving enough to buy an apartment, a bungalow, plots, and investments like a joint bank account, cash, and National Savings Certificates. The apartment and bungalow were registered in my mother’s name, rented out for household expenses, and their savings were invested jointly.

After iddat, my mother returned to Karachi and asked us to visit in July 2024 to settle inheritance matters. When we got there, we found that she had transferred the joint account into her name and named her brother as the next of kin. She said all the assets were hers, claiming they were given to her as part of her mehr (dower). At first, she said only the land of the bungalow was part of her mehr, but later claimed the whole bungalow.

My father never told us this and would often say, “These assets will be yours after I’m gone.” While the properties were in my mother’s name and she handled rental agreements, the ownership and fair distribution under Shariah law is now in question.

I humbly request your guidance on this matter, keeping in view both worldly and religious perspectives.

My question for you is:

Can my mother transfer the apartment, bungalow, joint account, and National Savings Certificates into her name on the grounds that they were given to her by my father as part of mehr? Should we demand our share of inheritance from our mother?

Explaination:

It was informed on phone that there is no written proof that father has given these assets as mehr and nikah nama is also not available. As per asker’s information there is no witness to this matter as well.

اَلجَوَابْ بِاسْمِ مُلْہِمِ الصَّوَابْ

It should be clarified that in Islamic law, inheritance rules are clear, and every heir is entitled to receive their rightful share. So, your mother cannot transfer the apartment, bungalow, joint account, or National Savings Certificates into her name just by claiming they were given to her as part of her mehr (dower) unless there are witnesses to support this claim. While the mehr is her personal right, any property or assets left by your father at the time of his death are considered part of his estate. These must be divided according to Islamic inheritance laws unless he clearly gifted them to her during his lifetime.

The mehr does not give her the right to claim the entire estate or transfer assets into her name unless those specific assets were designated as gifts, separate from inheritance. Islamic law requires that the estate be distributed fairly among all rightful heirs (spouse, children, etc.).

As inheritance rights are clearly defined, and all heirs are entitled to their share. If the children have not received their rightful portion of the inheritance after the father’s death, they have the right to claim it.

مشكاة المصابيح (2/ 926):

وعن أنس قال: قال رسول الله صلى الله عليه وسلم: «‌من ‌قطع ‌ميراث وارثه قطع الله ميراثه من الجنة يوم القيامة» . رواه ابن ماجه

سنن الترمذي (3/ 177):

حدثنا محمد بن سهل بن عسكر البغدادي، قال: حدثنا محمد بن يوسف، قال: حدثنا نافع بن عمر الجمحي، عن عبد الله بن أبي مليكة عن ابن عباس: أن رسول الله صلى الله عليه وسلم قضى: أن اليمين على المدعى عليه.

هذا حديث حسن صحيح.والعمل على هذا عند أهل العلم من أصحاب النبي صلى الله عليه وسلم وغيرهم: أن ‌البينة ‌على ‌المدعي، واليمين على المدعى عليه.

تبيين الحقائق شرح كنز الدقائق وحاشية الشلبي (5/ 91):

وأما شرط جوازها ‌فالقبض ‌حتى ‌لا ‌يثبت الملك للموهوب له عندنا قبل القبض

الدر المختار شرح تنوير الأبصار وجامع البحار (ص561):

‌(وتتم) ‌الهبة (‌بالقبض) الكامل (ولو الموهوب شاغلا لملك الواهب لا مشغولا به) والاصل أن الموهوب إن مشغولا بملك الواهب منع تمامها، وإن شاغلا لا،

حاشية ابن عابدين = رد المحتار ط الحلبي (5/ 688):

‌شرائط ‌صحتها (في الموهوب أن يكون مقبوضا غير مشاع مميزا غير مشغول)

درر الحكام (ج 1 ص 216):

المادة ٢٦٣: تسليم المبيع يحصل بالتخلية وهو ان يأذن البائع للمشتري بقبض المبيع مع عدم وجود مانع من تسليم المشتري اياه