FAQ

1. When a person does not possess means to buy a property all at once, he acquires a loan in order to buy it. If he wishes to pay Hissa Jaidad upon that property during his life, he shall bear the responsibility for the loan and shall have to pay Hissa Jaidad in accordance with the value of that property at the time of Tashkhees (assessment). Loan acquired during one’s life shall not count (for everyone acquires loan now and then and pays it back).
2. A person first produces a source of income and pays Hissa Amad upon it. He then buys a property with the rest of his income either with ready money or in installments. Payment of Wasiyyat upon that property becomes binding after the death of that Musi. But he also has the easy option that, if he so wishes, he can pay this amount during his life.
3. The rate of Hissa Jaidad will be same as the Musi opted for himself i.e., between 1/10th to 1/3rd.
4. Hissa Jaidad will be payable at current market value when formal assessment is made except in case the Musi paid off Hissa Jaidad on that very property at the time of purchase.

1. Such property (shares) will be taken at its current market value, and Hissa Jaidad will be payable upon it.
2. Hissa Amad shall be payable at the prescribed rate on any profits gained from such property (at the rate of 1/10 or whatever the Musi has pledged). This also applies to all other forms of investments.

Minimum rate of Chanda Wasiyyat is 1/10th and maximum is 1/3rd. One can decide what he would like to fix for himself and inform the office. Keeping within the said limit one can have different rates for his property and income.

Car, like other dispensable items, is not included in anyone’s property for the purpose of Chanda Wasiyyat, except if one has no other property as the basis for his Wasiyyat and he willingly pays Chanda Hissa Jaidad on his car and similar items. Or One’s property mainly consists of such items. Or One has an expensive collection of such item that can be considered to be his property.

The above-mentioned items are considered items of household use. Wasiyyat is, therefore, not payable upon them. Similarly Wasiyyat will also not apply to household articles including sewing machines, cameras, cassette recorders, VCRs, etc.

1. If the property is equally bought by husband and wife, and only one of them is a Musi, the Musi spouse will have to pay Hissa Jaidad on half of the property.
2. If they both share the property merely out of constitutional/statutory requirement while the property has actually been bought by one of them, the spouse that has actually paid for it will have to pay Hissa Jaidad on the whole property. If the other spouse is a Musi and has not spent anything on that property, it will not be considered his/her property, nor will he/she have to pay Hissa Jaidad upon it.
3. It is necessary to disclose to the Office as to who is the actual owner of the property. If one partner dies and the property is inherited by the other, who happens to be a Musi, he/she will then have to pay Wasiyyat upon that property at the prescribed rate.

The following shall apply to the amount received by selling a property such as land, house, commercial plot, etc:

1. If a new property is bought with the same or lesser amount, then Hissa Jaidad shall not apply on it. However, if any income generates from that property, Hissa Amad shall have to be paid upon it (at the rate of 1/16).
2. If more money is added to the amount at which the previous property was sold, for the purpose of buying a new property, then Hissa Jaidad shall apply on the new property in proportion to the extra amount which was added to purchase it. Full Hissa Amad shall also be payable on any income that ensues from that property (at the rate of 1/16).
3. From the income on which Hissa Amad is already paid off, if a portion is set-aside as saving, Hissa Jaidad is not payable on such saving. However, Hissa Amad will be payable on any income or profit that accrues from such saving.

If jewellery, on which Hissa Jaidad has been paid off, is sold and new jewellery is bought with the same amount, then Hissa Jaidad shall not be payable on the new jewellery. But it shall be necessary to give detailed information, including type and weight, of new jewellery to the Office and to state that it has been bought with the amount gained by selling the old jewellery. But if the new jewellery has been purchased by adding more money to that which was gained by selling the previous jewellery, then Hissa Wasiyyat (Jaidad) shall be payable on the new jewellery in proportion to the extra amount which has been added.

Any property acquired on loan or mortgage shall be considered property of the Musi and it shall be essential to mention it in the Wasiyyat form. It shall also be necessary to give approximate market value and address of the property in question. If the Musi acquires other such property in future, he is bound to inform Markaz about that as well.

The following is a quotation by Hadrat Khalifatul Masih IV rh regarding property acquired on loan:

“The basic way to approach this issue is as follows. If a person wishes to pay his Hissa Jaidad during his life, his request is granted with some conditions.

But if a Musi says that I have a certain amount of loan to pay upon my property, please deduct this amount and I shall pay Hissa Jaidad on the rest, this will create some complications. In order to avoid such complications, the best method is that if such a person requests to pay Hissa Jaidad on his property, it will be accepted only if he shall himself be responsible for such loans.

He will, therefore, pay Hissa Jaidad on total market value of his property. If he wishes to deduct the loans and is granted permission, such permission shall only mean that he shall pay Hissa Jaidad only upon the property on which there are no loans to be paid. The matter of property upon which loans are still to be paid shall be considered postponed till the death of the Musi.

This means that if the loan has been paid by that time, then Hissa Jaidad shall be demanded upon this property at his death, as he did not pay Hissa Jaidad on it citing the loan. If some loan still remains, then an estimate of the property shall be made, the loan shall be deducted from it, and Hissa Jaidad shall be payable on the rest. This is the basic rule which shall apply in all such cases”.

There are only two ways to pay Hissa Jaidad on property that has been acquired on mortgage:-

1. If a Musi wishes to pay Hissa Jaidad in his lifetime, then the property shall be assessed according to the market value and amount of mortgage shall not be deducted from it, as loan does not count while a person is alive.
2. If a Musi does not pay Hissa Jaidad during his life, then, at the time of his death, his loans have to be paid first, then Wasiyyat and lastly his inheritance. In such a case, if there is a property on which mortgage installments still need to be paid, then that amount shall be deducted and Hissa Jaidad shall be paid on the remaining amount.

• Yes, one can get the value of his/her property assessed during his/her lifetime and pay Hissa Jaidad accordingly.
• The rate for such payment will be the one fixed by the Musi/Musiah and approved by Majlis Karpardaz.
• The time limit for such payment is two years after the date of assessment for all types of property.
• The above time limit extends up to five years if the said property is a house and the Musi himself is residing in it.

If a Musi is not the sole owner of a property, he will have to pay Hissa Jaidad according to his share of ownership. But if he has no share whatsoever and in substance the said property is someone else’s, then the fact should be conveyed to Majlis Karpardaz.

Hissa Jaidad is due after the Musi’s demise. However, to avoid complex and unforeseen situations relaxation is granted to pay off one’s Hissa Jaidad during one’s lifetime. So, if a Musi wants to pay his Hissa Jaidad during his lifetime then he will bear the obligation of loan upon himself and pay Hissa Jaidad on current market value. But if he dies while the loan amount on such property is still outstanding, then the net amount so arrived at by subtracting the outstanding amount of loan from the current market value will be subjected to Hissa Jaidad.