Who Inherits Property Bought As Joint Tenants Without Contribution?

Answered by Shaykh Muhammad Carr

Question

I bought a council property with my dad as a joint tenant with a 66% discount from the seller. I paid the full purchase price. My dad did not contribute to the purchase. I intended to buy it to please my father, allow my siblings to live rent-free, and enable them to save money to buy their own property.

My dad passed away without a will, and now my siblings claim it’s their property and part of their inheritance. Is this property part of the inheritance, and did my dad have a share?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

Thank you for reaching out and seeking clarification on this important matter. May Allah grant the deceased a high place in the Gardens of bliss.

May Allah reward you for assisting your late father and siblings. Allah says,

“Verily, whoever is godfearing and patient, Allah never wastes the wage of those who excel in good.” [Quran, 12:90]

Based on the information provided, half of the property is part of your father’s estate and, therefore, constitutes an inheritance. His ownership is based on the joint tenancy agreement, which is likely reflected in the 66% discount received.

Suppose no other arrangement has been made between the joint owners of a property. In that case, the surviving joint owner does not automatically receive full ownership upon the death of one of the joint owners. Instead, the surviving joint owner is only entitled to half of the property’s value. This entitlement arises from their position as joint tenants.

However, suppose an arrangement has been made between the joint tenants through a vow, expressly stating that the property should pass entirely to the surviving tenant before one of the joint owners dies. In that case, the entire property will vest in the surviving joint tenant. [See Guidelines for Muslims on Purchasing and Owning an HDB Property under Joint-Tenancy, Majlis Ugama Islam Singapura]

I pray this is of benefit and that Allah guides us all.
[Shaykh] Muhammad Carr
Checked and Approved by Shaykh Faraz Rabbani

Shaykh Muhammad Carr has dedicated his life to studying and transmitting our beautiful deen. His studies have taken him around the globe, where he has benefited from many luminaries. Under the guidance of his teachers – Shaykh Taha Karan, Shaykh Yaseen Abbas, Shaykh Muadh Ali, and many others – Shaykh Muhammad has grown to appreciate the beauty and benefits of diverse scholarship. He completed his memorization of the Qur’an at Dar al-Ulum Zakariyyah in September 1997 and received an Alimiyya Degree in 2006 from DUAI (Darul Ulum al-Arabiyyah al-Islamiyyah). He is also affiliated with Masjid Auwal in Bo Kaap, Cape Town (the oldest mosque in South Africa), where he serves as a co-imam, and Dar Al-Safa, where he has taught since 2018. As a teacher, he imparts the wisdom of our heritage and tradition by opening the door to students. As an imam, he has the unique opportunity to serve his community in daily life.

In addition to his roles as a teacher and imam, Shaykh Muhammad Carr has contributed significantly to the administrative and advisory aspects of Islamic institutions. Since 2023, he has served as the Administrative Director at The Imam Kurani Institute, contributing to the institution’s growth and development. He continues to pursue traditional Islamic Sciences, possessing a keen interest in Islamic Contract Law and Finance. Shaykh Muhammad has been a Shari‘a Board Member for Islamic Asset Management & Insurance Companies since 2001, aligning financial practices with Islamic principles.