Question: Asalamoulaykum. My mother expired in 2021. She was a beautiful soul. May ALLAH bless her heaven, Ameen. She left us a property which was in due process to be transferred to her name, but her time was short, and also she was short of fund to pay taxes of the property. Which was pending over for few years before death… My question is that as her legal heirs we are 2 brothers and 3 sisters and the property can’t be sold until we pay pending taxes Therefore the taxes payable as per sharia law or we all share the payable taxes equally.? Hope I can get a clear picture as whether the taxes are considered as payable by my late mother or part of property.

Best regards Hummad khaled

Answer

the property that was owned by your mother is part of the legacy now, but the taxes were due on her, i.e. it was her debt. So before distribution of the legacy, those taxes will be paid from the legacy, either the cash or by selling a portion of the property. If any of the heirs want to pay this tax which was due on their mother, then that is permissible and the debt would be cleared. Once the taxes are paid, and the property is transferred to her name, then it can be distributed as per principles of inheritance in the light of Sharia. 

سنن النسائي (4 / 65):
’’ حدثنا يزيد بن أبي عبيد، قال: حدثنا سلمة يعني ابن الأكوع قال: أتي النبي صلى الله عليه وسلم بجنازة، فقالوا: يا نبي الله، صل عليها، قال: «هل ترك عليه ديناً؟» ، قالوا: نعم، قال: «هل ترك من شيء؟» قالوا: لا، قال: «صلوا على صاحبكم»، قال رجل من الأنصار يقال له: أبو قتادة: صل عليه وعلي دينه، فصلى عليه

Narrated Salama bin Al-Akwa, that a Janaza was brought to the Propehet ﷺ and he said, has he left any debt on him? they replied yes Ya Rasul Allah. He asked, has he left any wealth? They replied no. He Said: Offer the Salah on your companion. Hazrat Abu Qatada said his debt is on me. Then the Prophet ﷺ offered his Janazah.

(Nasai 65/4)