Category: Inheritance
Fatwa#: 19272
Asked Country: India

Answered Date: May 28,2011

Title: My dad died 2years ago, leaving a debt of rupees 15cr.after his death we are left with two brothers and our mom. Can my brother have right to demand share in factory when it is in my mother name...?

Question

My dad died 2years ago, leaving a debt of rupees 15cr.after his death we are left with two brothers and our mom. We paid 7.5 crore debt by selling our farm house and our home and are now staying on rent. Now our debt is left of rupees 7.5crore.which is a mortgage against our clothes factory, with bank. It means that our factory is worth15crore.and the balance debt is only7.5 crore. Out of which I the elder brother has paid the bank 3.75 crore from my sources. Now my younger brother wants to sell the factory and wants his share. Factory is in my mother name. Mother says to first give half the debt of father which is remaining then take share. He says will pay no debt of father. My question is

1. Can my brother have right to demand share in factory when it is in my mother name, without giving father debt.

2. As I have paid 3.75crore of the debt what share can i get in the factory.

3. As my brother is not giving father’s debt but only asking for his share what is the shariah ruling?

4. He is settled in Newzealand and is well off , then also no support to mother, only asks for share without giving debt

Answer

Assalāmu `alaikum Warahmatullāhi Wabrakatuh,

If your father’s estate owned a debt of 15 cr rupees, and the farm house was sold at 7.5 cr rupees, then the balance of the debt was 7.5 cr rupees.

If you gave 3.5 cr rupees as a loan to pay the debt of the estate, then you are entitled to be paid your loan of 3.5 cr rupees. The balance of the estates 4 cr rupees which will be divided into 16 equal shares. Your mother as a widow is entitled to 2 shares. Both brothers (as sons) are entitled to 7 shares each. Your brother is entitled to his share of the estate from 4 cr rupees. His share should be worked out and paid. The factory being on your mother’s name is insignificant. If the factory really belonged to your father, it is incorrect to impose on your brother to pay half the fathers debt. Your brother being well off and not supporting your mother is unfortunate, but does not have any bearing on the ruling.

And Allah Ta'āla Knows Best,

Muftī Ebrahim Desai

Daruliftaa
35 Candella Rd, Durban, South Africa

www.daruliftaa.net

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