Praise be to Allaah.
So long as you have agreed that she should have a share in
the property commensurate with what she has spent, which is one third,
then that should be recorded and proven by means of official documents, so
as to protect everyone's rights.
Based on that, what is mentioned in the title deed should be
shared between you and your wife according to the rates that you have
mentioned, so that you will have two thirds and she will have one third.
The Scholars of the Standing Committee for issuing Fatwas
I am an old man. Previously I bought a piece of land for
85,000 riyals. I have two sons, and my sons and I developed it equally,
paying equal amounts for development. I paid 217,000 riyals and they paid
together 175,000 riyals. My question is: is it permissible for me to write
that they have a half share for the money that they paid? Please note that I
agree to that and that I have daughters besides them.
If the matter is as described, then there is nothing wrong
with recording the building as being shared between you and your sons, and
that they are partners with you commensurate with the money that they paid
to you, and the money they paid was not a donation or gift to you. End
Fataawa al-Lajnah al-Daa’imah,
Shaykh Saalih al-Fawzaan (may Allah preserve him) was asked:
We are seven siblings, four females and three males. Allah
has blessed us by enabling us to buy a piece of farmland. We put together
all that we own, we even took the women’s jewellery, and paid it for the
land. Because we were very keen to please our father, we registered half of
this land in his name, but now he has died. We did not give our sisters any
part of it and they have not asked for anything, because they know about the
circumstances of its purchase and our living circumstances. We have not
given anything to our wives either, and they accepted that willingly. What
is your opinion concerning my sisters first of all? And also concerning our
wives -- do they have any right to that or not?
With regard to your sisters, if when you registered half of
the land in your father's name, it meant that you gave him this half, then
in that case it is part of his estate which is to be inherited from him by
his children, both male and female, and other heirs who have a right to the
shares of inheritance prescribed by Allah, so it becomes an estate which is
to be divided among his heirs, and his heirs include your sisters. So they
should have their share of this land according to the rules of inheritance,
from their father’s share.
With regard to your wives, if they also took part with you in
purchasing it and they gave the jewellery on the grounds that they would be
partners with you in buying it, then they are entitled to a share of this
land. But if they gave this jewellery to you in the form of a gift to you to
help you to buy it, then it belongs only to you. End quote.
Al-Muntaqa min Fataawa al-Fawzaan,