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Fatwa CenterSome of the inherited property belongs to one of the inheritors
Question
Salam, my question is for example we have property of 100K in my fathers name out of this only 25K is from my fathers saving & 75K from my earnings. while sharing the inheritance shall we share whole 100% in between brothers & sisters or only to share 25% which is my fathers actual savings? Also we have one more house in my mothers name which built by my earnings should we share this too among my sisters specially?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
It is known that the heirs inherit what the deceased left behind from his own property, but they do not inherit from him the property which did not belong to him and which belonged to others. Therefore, if some of the properties which were registered in the name of the deceased belonged to him and others belonged to other people, then the heirs inherit only what belonged to him, and they have no right in the property which belonged to other people.
However, it should be mentioned that if you registered the property which you have in the name of your father and this was a gift from you to him, then in this case all the property belongs to the father and therefore to all the heirs. In this case, they will divide all the property including what you gifted to your father. Similarly, the house which you built and registered in your mother's name, if you gifted it to your mother and she possessed it while she was alive, then after her death, all the heirs have a right in this house. It should also be noted that the daughters also have a right in the inheritance of their father and preventing them from their share – as some societies do – is an injustice and a transgression, and the Prophet said: "Injustice is darkness on the Day of Judgement." [Al-Bukhari and Muslim].
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