Question:
A man bought all properties in his wife’s name and then died. He has one son and six daughters. The wife refuses to divide the property. What is the Islamic ruling?
Answer:
Legally, ownership depends on whose name the property is registered under. Even if everyone knows the husband earned it, if it is written in the wife’s name, it belongs to her.
Even in Islamic law, if the property document is in the wife’s name, she is the legal owner. The children cannot claim inheritance while she is alive. If she wishes, she may give to any child, or not give. She can give only to daughters, only to son, or distribute however she wishes.
If she dies, then inheritance applies. But while alive, she is the owner.Even if morally people know the father earned it, legally it belongs to the wife once transferred. If he had divorced her after transferring property, could he reclaim it? No.
So, children cannot force division.