Mother giving her house to her son while she was alive

Q: My mother passed away this year and left behind her house which she gave to me while she was alive (verbally) and at that time, it was accepted by my siblings, now after my mother's death, they have changed their attitude and claimed their right of inheritance.

1. Is their claim valid?

2. My eldest sister is living in the house as her house is being renovated. Should she be paying rent?

3. The property collects rent which they have been collecting and I have requested my share in the rental, is that correct?

4. Can I be denied my right of inheritance because certain family members dislike me?

5. My father passed away when I was 6. He left a Kruger coin for me which I left with my mother, after her death, my sister is denying it to me and says that my mother left it for my sons, is this correct?


1. If you had taken full control and responsibility of the house after your mother had given it to you, then the house will belong to you. If she had only told you that it is yours but you did not take full control of the house, then it will form part of her inheritance.

2. If she is living in the estate home, then the heirs have the right to charge her a rental.

3. Yes.

4. When it is your right, then it is not right of them to prevent you from your valid right.

5. If he had given it to you and kept it aside for you when he was still alive, then it will belong to you.

And Allah Ta'ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)