What is the ruling on the inheritance of the children of the first wife after the deceased father registered the house in the name of his second wife and her children before his death?
The husband's writing of the house in the name of his second wife is considered legally forbidden as a will, because it is for an heir, and it is not valid unless the heirs consent. His children from the first wife inherit their share of the house.
However, if the husband gifts the house to his wife during his lifetime while he is healthy, and he empties the house of his belongings and the wife disposes of it as an owner, then the house becomes her property.
This is based on a difference of opinion among jurists regarding the validity of a husband gifting the house he lives in to his wife. The Malikis believe it is not permissible, while the Shafi'is stipulate that the gifted house must be free of the belongings of anyone other than the donee.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 94403
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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