Q: Recently in my backyard I built a small cottage for my elderly parents to move into. My father actually built it i.e. he paid for it and alhamdullilah they moved in. So the main house belongs to me as well as the land, only the back cottage belongs to my father.
I have a 20 yr old son, who my father told him that when we are gone (i.e. my parents), this house (back cottage) is yours.
Now what happens when my parents leave this world? How does it work with regards to the inheritance etc.?
And can it lead to problems and what will be the solution? Because my parents will obviously have to live there until they leave this world.
A: One way will be for your father to make a wasiyyat (bequest) of the house in favour of your son, provided it is from one third of his estate. Hence, in the event of your father's demise, the house will go to your son.
The other simple way is for your father to sell the house to your son for a fixed amount, even if it is a very nominal amount. Once the sale is concluded, your son will be the owner of the house and with his permission your parents may then live in the house.
And Allah Ta'ala (الله تعالى) knows best.
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