Does this mean your Faraid beneficiaries are losing their right to your estate?
Under the 2019 Fatwa, in a Joint Tenancy contract, the surviving joint owner automatically inherits the entire property upon the death of one co-owner. This means that the deceased's faraid beneficiaries would not be entitled to any share of the property.
However, if you wish for your share to be distributed according to faraid, so that your beneficiaries would benefit from the estate.
If you want your faraid beneficiaries to inherit your share of the property, you should consider a Tenancy-in-Common contract. In this arrangement, each co-owner has a separate and distinct share of the property, and your share will be included in your estate for distribution according to faraid laws.
However, it is always advisable to consult a legal professional for the most up-to-date information and the most suitable option.
The choice between Joint Tenancy and Tenancy-in-Common is a personal decision that should be made in consultation with legal and financial advisors, considering your specific circumstances and goals.
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ReligiousRelated questions
If a joint tenancy is established, after the husband's passing, the wife can obtain the house. If the wife sells the house, is the husband's share required to be distributed according to faraid?
3
My wife and I own our flat under joint tenancy. Can other beneficiaries request for the property to be sold and distributed according to faraid?
2
Can I give away my property as a hibah?
2
Must the house be sold and distributed by Faraid after my demise if it was on the Tenancy-in-common scheme?
1
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