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Fatwa Answer

Question ID: 1555 Category: Dealings and Transactions
Inheritance

Salam Alaikum,

We are a couple without children, there are 2 properties in my wifes name and 2 in my name, we are gettin rent from these properties. all these properties alhamdulillah were bought by me. 

I have also paid for my brothers and sisters education and marriages. also i bought 1 flat for one brother who is poor. I also pay every year expenses for one brother and hpouse rent for one sister

i also pay monthy to my step brothers and sisters.

if i die i want the benefits to continue for my wife till her life and then the properties to be divided to my brothers and sister,  and if my wife dies first i want to take benefit of these properties till i die and then it should be divided between her borthers and sisters.

Please suggest how we can take benefit of our property as we are alone ? 

also please do not share this online.

بسم اللہ الرحمن الرحیم

الجواب وباللہ التوفیق

If your wife wants to take advantage of your property or you want to take advantage of your wife's property, the procedure to do is the following:

During your lifetime, you gift your property to your wife and she in her lifetime gifts her property to you. It is important that each becomes sole owner of the gifted property and each authorizes the other to dispose of it as each wishes. Otherwise, after death, it will be distributed among the legal heirs.

If you plan to make a Will, it is not permissible to do so in favor of heirs. Therefore, do not make a Will for the heirs. 

Another option would be to dedicate the property to a religious service or a madrassah, with the condition of utilization of the generated income. In that case, the two of you can benefit from each other's property during your lifetime, but that money cannot be distributed as inheritance. 

A ”Waqf” always remain as “Waqf”, and it is obligatory to use it only in the expenses related to “Waqf” applications.

فقط واللہ اعلم واتم