Question Summary:
I have bought a flat in homeland and the thing is my mother wants to transfer it to my father’s name. My question is whether my two sister will have a share after my father.

Question Detail:

Assalam u alaikum,
I have bought a flat in homeland and the thing is my mother wants to transfer it to my father's name. My question is whether my two sister will have a share after my father. What should I do my father is saying first transfer it to his name and after one year he will transfer on my name just to satisfy relatives and my mother.
 

Answer :

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In the name of Allāh, Most Gracious, Most Merciful

Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh
 
If we fully understand that wealth is an amaanat (trust), given to us by Allah Ta’ala as a test to observe how we will discharge it, this will be a stepping stone for us to use our wealth in accordance to the commandments of Allah Ta’ala outlined to us by Rasulullah (Sallallahu Alayhi Wasallam). Every society needs laws in order to last. If there were no laws then people would not know how to behave towards each other and would eventually crumble very quickly. It is for this reason we have been created with intellect. How we utilise this intellect is of grave importance.
 
An entrepreneur is one who has complete insight regarding business ethics and commerce. Foolish is that person who embarks on the journey of trade and economics without equipping one’s self with the laws surrounding it. The religion of Islam is so beautiful that even for one who ventures in this field, an abundant amount of knowledge is at our disposal. Trade in itself is not something that one becomes experienced in overnight, rather over a period of time and experience one will attain the skill required. Therefore, it is imperative that we secure our deals correctly and always ensure that we put pen to paper i.e. no matter who we deal with, make sure the transaction is recorded. This will serve as a reference for the future if necessary. We ought to live like brothers but deal like strangers.
 
We often hear of families separating, brothers fighting, father avoiding son and it continues even further than this but if we analyse the common factor of all these hiccups, we would conclude that the cause is greed for wealth. Each person desires to outdo the next no matter who it may be. That is why we ought to be vigilant with who we deal and with what financial strategies we carry out our dealings. Wealth has the potential to tear up communities and tarnish the reputation of even that person who is considered the saint of the time.
 
Nevertheless, if a person purchases an item, it belongs to him. This is a basic principle. The flat you have purchased belongs to you, as this is the impression given. If this is true, then we have no idea as to what are the plans of your parents by transferring the flat to your father’s name then re-transferring it to your name. As a precautionary measure, let us examine a few scenarios and determine what the outcome would be carefully analysing whether such an issue is worth the effort. Firstly, if your father passes away whilst the flat is on his name, technically your sisters and your mother have a right to claim their share of inheritance from the flat as the flat will fall under his estate. Secondly, have you considered the fact that your father could pass away before one year and where does this now leave you? Thirdly, realistically speaking, ask yourself how much of benefit will there be in transferring it to your father’s name. In fact, there would be more harm than benefit. Fourthly, if the flat is still on your name and in your possession then your father passes away, this will save the entire family from unnecessary confusion and under no circumstance will your sister’s inherit.
 
We advise you to make them understand the far-reaching implications of their actions. Present the matter in a dignified manner and make your mother understand that by pleasing family and relatives, the matter will end up breaking and severing family ties.
 
Ultimately, your father has proposed to re-transfer it to your name after a year. This is not Shariah compliant. It should remain on your name from the beginning as you have purchased it. However, the flat is yours and you may do as you wish. You may sell it to your father or even give it to him as a gift. Whatever you do, let your dealings be clear and Shariah compliant.
 
And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum 
 
Ml. Ebrahim Desai,
Student Dārul Iftā
 
Checked and Approved by:
Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah