rental income received from inherited house

Category: 

Inheritance

According to Madhhab: 

Hanafi

Reference: 

1440-572

Question: 

We have a
question regarding the house that was left after my father–in-laws passing.

The heirs
all agreed that the house will remain in the mothers possession up to a point
when she decides to sell the house. In recent weeks, due to safety and security
reasons, the decision was taken to give the said house up for rental and the
wife move into a smaller house in a secure complex. The rental income received
from the original home will off-set the rental in the new home.

Does the rental income that is received from the
letting of the house need to be shared amongst the heirs?


Answer: 

We understand from the manner in which the question has been posed that the mother was given usufruct of the house up to the point that she decides to sell, in other words she will reside in the house until she decides to sell. This in essence means that all heirs maintain their respective shares in the house.

If this is the case, and all the heirs agree that the rental accrued from the house should be used to pay her rental in the complex then such an arrangement is in order. However, if any of the heirs disagree or are not prepared to contribute towards the rental of the complex then they cannot be coerced into doing so. They are rightly entitled to their share of inheritance from the rentals accrued.


AND ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST
ANSWERED BY: Mufti Mohammed Desai 


CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B 
Date: 28 Dhul Qa’dah 1440 English Date: 31 July 2019

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