Assalaamu Alaikum Mufti Sahib
I need a favor from you please
Could you investigate for me the permissibility of :
Tennance in common
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh
Joint Tenancy is a term that refers to a type of possession in which each co-owner of a property is awarded equivalent rights. All co-owners have equal ownership to the property.It is not a separable ownership but carries a joint possession and the shareholders/co-owners act on mutual decision. Any transactions regarding the property, a consent from all co-owners is needed. One of the features of this type of ownership is that; if any of joint tenants dies his/her portions is automatically transferred to the surviving co-owners. This however goes against the Islamic laws of succession and Inheritance. In Islam the estate of the deceased is transferred to the heirs and they are the rightful owners.
As for Tenancy in Common, co-owners may have unequal proportions of ownership of the property. A co-owner may unilaterally sell or gift his/her portion of the property. Also, if a co-owner dies, his portions is passed on to his heirs and beneficiaries i.e. it constitutes his estate. This type of ownership is in line with the laws of Shariah.
Nb: Joint Tenancy, it can be changed into Tenancy in Common, you may need to consult a lawyer for details.
Nb:If a person having Joint Tenancy in a property dies, it would not be permissible for the other co-owners to take possession of his portion of the property. Rather it must be passed on to the heirs of the deceased co-owner.
And Allah Ta’āla Knows Best
Mufti Kaleem Muhammad
Darul Iftaa, Jaamia Madinatul Uloom (Trinidad)