Hissa Jaidad (Property)
If a Musi owns a primary residence and purchases a second property intending to occupy it after retirement once the primary residence is sold, is Hissa Jaidad payable on both properties?
Yes. Under the principles of Wasiyyat, whenever cash or savings are converted into a real estate asset, that asset becomes property on which Hissa Jaidad is payable. When a second property is purchased, it is treated as an additional property and requires a separate Hissa Jaidad assessment.
This is distinct from the situation in which a Musi first sells an existing property and then purchases a replacement using the sale proceeds. In that case, the newly acquired property is regarded as a replacement for the original, and Hissa Jaidad is assessed only on the incremental increase in value between the two properties.
In the scenario described here, however, the second property is acquired before the primary residence is sold, so the Musi owns both properties simultaneously. The newly acquired property therefore constitutes an additional asset, and Hissa Jaidad becomes payable on it in accordance with the established principles of Wasiyyat.
Accordingly, if the Musi intends to fulfill the Hissa Jaidad obligation on both properties during their lifetime, each property must be assessed independently, and Hissa Jaidad is payable on each based on its assessed value.