Fatwa: # 18272
Category: Inheritance
Country: India
Date: 2nd September 2009

Title

Please advice what shall i do.. Please provide some solution to this matter. We are fully aware that sisters will also have a share in fathers property.

Question

Alhamdulillah my parents are alive.

I am married and has Two children Alhamdulillah. I work in Yemen and my wife and children live in India.

I have two brothers and 4 sisters.
Sisters are married and my 2 brothers are not married yet.

Alhamdulillah Allah taala gave me the opportunity to earn well and hence I support the whole family. I paid for my last sister's wedding as well. But she is divorced and lives with us without children.we are trying to find a match for her.

I have even paid the business debt of my younger brother which was around 30,000.00 USD (thirty thousand US dollars). I am also giving him more money to go abroad to earn his living. I also gave money to my elder brother to start business to settle in life and get married.  I do not want to take this money back from them and on top of that they are in no position to pay me back. I only want them to settle down in life and get married.

The house we live in was constructed by my grandfather and gave it to my father.  Now the condition of the house was very bad and not suitable for living. So I demolished the house and I am constructing a new house on the same piece of land. The house will have a ground floor and a first floor. I do not have enough money to build two portions on first loor so I am building only one portion on first floor. whereas the ground floor will be built completely inshaAllah, it will be one big portion. The estimate to construct the above is 65,000.00 USD (Sixty Five thousand).

My wife insisted on asking my father to write a will in which he should mention that after my parents if the house is sold then first I should be paid the 65000 usd and then the distribution should be done among brothers and sisters. My father who is a religious person did not liked this idea. He said better to come to a solution that does not force us to sell the house after his death. He said that he will write the first floor on my name...

As i live in yemen alone and visit my family every two months for 15 days, my wife is not at good terms with my mother....she argues with my mother and my parents bear her with great patience....

Please advice what shall i do.. Please provide some solution to this matter. We are fully aware that sisters will also have a share in fathers property.

Jazakallahu khairan..

Answer

In the name of Allah, Most Gracious, Most Merciful


Assalaamu `alaykum waRahmatullahi Wabarakatuh

 

The money that you invested to construct the house was an act of goodwill on your behalf.  It was neither a loan nor an investment in the property, such that you now own a portion of the house.  Instead, the house still belongs to your father, but you financed its construction on account of goodwill.  Although this entails enormous thawāb (rewards) for you from Allāh Ta’ālā and further barakah (blessings) in your sustenance, it does not give you a financial right in the property.  Therefore, it is incorrect to demand repayment for the money invested if the house is sold.

 

In recognition of your investment and financial help to the family, it would be commendable for them to give you ownership for a certain percentage of the house.  In this case, if the house is sold in the future, you would receive the profit according to the percentage of ownership in the house.  Furthermore, you, along with your siblings, will also inherit from the share of your father’s portion in the house.

 

It is highly recommended that the family amicably comes to agreement during the lifetime of your father, thus avoiding any potential disagreements and ill feelings in the future.

And Allah knows best

Wassalaamu `alaykum

Ml. Abrar Mirza,
Student Darul Iftaa

Darul Iftaa

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