Sharʿi Ruling: Whether the House Given to Brother-in-Law Will Be Included in Inheritance
Source: Aḥkām wa Masāʾil – Masāʾil of Inheritance, Volume 1, Page 402
My brother-in-law, Chaudhry ʿAbdul Ḥafīẓ, around 13–14 years ago, through a housing scheme in Jhang New City, had a plot allotted in my name by ballot. Later, he constructed two rooms, a kitchen, and boundary walls on that plot.
After the allotment and construction, on several occasions in front of us and other close relatives, he clearly stated:
"This house I am building for the one in whose name I have had it allotted, and this house belongs to him."
Relatives are witnesses to this.
On 15 January 1991, Ḥājjī Ṣāḥib passed away (Innā lillāhi wa innā ilayhi rājiʿūn). Before his death, in full consciousness and in the presence of his sisters, nephews, and nieces, he said to his brother-in-law Chaudhry Muḥammad Yūsuf:
"Distribute my inheritance among yourselves according to the Sharʿi shares, but the house which I allotted for him, I have already given to him. None of you should dispute this."
His close heirs included one widow and four sisters. He had no children. His estate consisted of:
◈ Agricultural land
◈ A 22 marla house in the village
◈ Valuable household items
Moreover, as a government pensioner, his widow continues to receive his pension.
Now, the widow and other heirs are disputing the ownership of the house which he had allotted and built in the name of his brother-in-law.
The question is: According to Qur’an and Ḥadīth, does the widow and other heirs have any Sharʿi right over this house?
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
① Sharʿi Right of Ownership During Lifetime
The deceased, Chaudhry Ḥājjī ʿAbdul Ḥafīẓ, during his lifetime, was the full owner of his movable and immovable property, and Sharīʿah granted him the right to dispose of it as he wished.
② Allotment and Construction of the Plot
He had allotted the plot in the name of his brother-in-law approximately 12–13 years before his death and also constructed a house on it. This is not considered a waṣiyyah (bequest) after death, but rather an act of gift and assistance during his lifetime, which is valid and permissible in Sharīʿah.
③ Sharʿi Ownership
The brother-in-law, in whose name the plot was allotted and the house was built, is the Sharʿi owner of this property.
Thus, the deceased’s other heirs have no Sharʿi right over this house.
④ Application of the Ḥadīth on Bequest
Since the brother-in-law is not among the heirs of the deceased, this house does not fall under the ḥadīth:
«لَا وَصِيَّةَ لِوَارِثٍ»
(“There is no bequest in favor of an heir”)
Therefore, this house is entirely the property of the brother-in-law, and no claim by the heirs upon it is valid.
ھٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
Source: Aḥkām wa Masāʾil – Masāʾil of Inheritance, Volume 1, Page 402
❖ Question
My brother-in-law, Chaudhry ʿAbdul Ḥafīẓ, around 13–14 years ago, through a housing scheme in Jhang New City, had a plot allotted in my name by ballot. Later, he constructed two rooms, a kitchen, and boundary walls on that plot.
After the allotment and construction, on several occasions in front of us and other close relatives, he clearly stated:
"This house I am building for the one in whose name I have had it allotted, and this house belongs to him."
Relatives are witnesses to this.
On 15 January 1991, Ḥājjī Ṣāḥib passed away (Innā lillāhi wa innā ilayhi rājiʿūn). Before his death, in full consciousness and in the presence of his sisters, nephews, and nieces, he said to his brother-in-law Chaudhry Muḥammad Yūsuf:
"Distribute my inheritance among yourselves according to the Sharʿi shares, but the house which I allotted for him, I have already given to him. None of you should dispute this."
His close heirs included one widow and four sisters. He had no children. His estate consisted of:
◈ Agricultural land
◈ A 22 marla house in the village
◈ Valuable household items
Moreover, as a government pensioner, his widow continues to receive his pension.
Now, the widow and other heirs are disputing the ownership of the house which he had allotted and built in the name of his brother-in-law.
The question is: According to Qur’an and Ḥadīth, does the widow and other heirs have any Sharʿi right over this house?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
① Sharʿi Right of Ownership During Lifetime
The deceased, Chaudhry Ḥājjī ʿAbdul Ḥafīẓ, during his lifetime, was the full owner of his movable and immovable property, and Sharīʿah granted him the right to dispose of it as he wished.
② Allotment and Construction of the Plot
He had allotted the plot in the name of his brother-in-law approximately 12–13 years before his death and also constructed a house on it. This is not considered a waṣiyyah (bequest) after death, but rather an act of gift and assistance during his lifetime, which is valid and permissible in Sharīʿah.
③ Sharʿi Ownership
The brother-in-law, in whose name the plot was allotted and the house was built, is the Sharʿi owner of this property.
Thus, the deceased’s other heirs have no Sharʿi right over this house.
④ Application of the Ḥadīth on Bequest
Since the brother-in-law is not among the heirs of the deceased, this house does not fall under the ḥadīth:
«لَا وَصِيَّةَ لِوَارِثٍ»
(“There is no bequest in favor of an heir”)
Therefore, this house is entirely the property of the brother-in-law, and no claim by the heirs upon it is valid.
ھٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
