Wednesday | 21 October 2020 | 4 Rabiul-Awal 1442
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Fatwa Answer

Question ID: 1176 Category: Dealings
Property Distribution

 Asalamualaikum Mufti Naval Ur Rahman Sahab,

May Allah bless you with health and wealth, Ameen.

I have a question regarding distribution of property and rights of property.

My paternal grand parents (dadi and dada) ka inteqal ho Gaya.

Friends and good people kay through Mere Walid aur Dada(grand father) ko 5000rs mein land milgayee. It’s been almost 40 years ago in Hyderabad. Zameen kay paisey dada diye.

USs Zameen par jo mere dada( grand father) ki thi uss par mere walid ghar construct karey. Mere Walid unki khud ki zameen bhej kar grandfather ki zameen par ghar banaye. 20,000rs ka plot bhejkar mere Walid ghar banaye.
Mere Walid Bahut mehnat say Ghar banaye. Mere Walid bade bhai hai aur Sab log Chote they. Mere Walid bahut saal Ghar ka Kharcha uthaye aur bahut mehnat ki bhaiyoon aur behenoo kay Saath. Mere dada( grand father) ki Naukri nahin thi.
Yeh log village se aaye aur Hyderabad mein settle hue. Lekin USs ghar mein thodey hi saal rahe aur Kiraaya kay ghar mein move hogaye(4 years) kyunki ghar Bass nahin ho raha tha aur karobar se door hojara tha.

Khushi aur aazmat se mere Walid woh Ghar dadima( grandmother) kay naam par karey.

Lekin ab mere 2 chacha aur ek Phuphu Dusroon Siblings ( brothers and sisters)ko hissa nahin dena chahrey. Bolrey ki ghar nahin sell hoga, hissa nahin milega. Woh aaj 1 crore approx ka ghar hai.

Iss Surat mein court case karsaktey? Shariat mein ijaazat hai kya?

Zyada Duniya ki mohabbat aur Allah ka darr kam hogaya aur sab log Ruth Gaye. Bhai aur behen mein mohabbat nahin rahi.

Agar woh log maan Gaye aur ghar bhejdiye Iss Surat mein mere Walid ka kitna haqq banta USs Ghar par.

Kitna hissay mere Walid ko milengey, aur mere 4 chacha hai aur do Phuphu.
In total- 7 siblings.

Pleases keep dua for us and please give something to read so that there is unity in siblings and they distribute the property to all the siblings.

Mere Walid ko unka haqq mil jaaye inshallah iss ka koi wazifa bata Dey.

Second problem**

Mere Walid mere dada kay pass 5.5 lakhs rupees liye they magar Lauta nahin paaye . Ab kya karey?

Woh paisa bhai behen mein distribute kardena ya sadaqah kardena unkay naam se.

Jazakallah khair!! May Allah give you immense reward for you and your family.
Thank you so much!

 

الجواب وباللہ التوفیق

  1. Based on your description, every heir of your grandfather will be entitled to inheritance of the land of your grandfather and rejection by your paternal uncles is an oppression which is “haram”.

Those who reject genuine shares to entitled heirs, deserve severe warning of punishment.

فَإِنَّ النَّبِيَّ صَلَّى اللہ عَلَيْهِ وَسَلَّمَ قَالَ: «مَنْ ظَلَمَ قِيدَ شِبْرٍ مِنَ الأَرْضِ طُوِّقَهُ مِنْ سَبْعِ أَرَضِينَ» (صحیح بخاری : کتاب المظالم  والغصب ،۲۴۵۳)

The above “Hadith Sharif” mentions that if a person illegally seizes a hand’s span of land, Allah (SWT) will put around his neck a collar of land cut out from the seven earths equal to the piece of land he had unjustifiably grabbed.

Take these stern warnings up to your uncles and try to convince them to fear Allah and do justice.

2. Now, regarding your father’s construction of house on the land which belonged to your grandfather:

a.If the construction was done with the permission of your grandfather;

b.The house was built by your father exclusively for himself, and not for your

father’s parents or brothers; then the constructed house will be considered sole property of your father. 

Per the above scenario; after the death of your grandfather, the house built by your father will not have its inheritance going out to anyone of your grandfather’s siblings.

They will be eligible to receive inheritance only, of the land on which your father had constructed the house, because your grandfather was the sole owner of that land.

  1. But if the circumstances were different by which:

a. Status or ownership of the house was not determined at the time of construction.

b. Your father had in fact built this house for the welfare and cooperation or as a gift to his father (your grandfather) or for his brothers;

Then the land as well as the constructed house will be considered your grandfather’s property, which must be distributed per inheritance rules to all heirs of your grandfather.   

  1. Inheritance will be distributed as follows:

Entire property of your grandfather will be divided into 96 shares.

Each son will receive 16 shares and each daughter will receive 8 shares.

  1. Regarding the loan your father had taken from your grandfather, it must also be distributed to all heirs of your grandfather.

To give out the loaned amount in charity on behalf of your grandfather will not be allowed.

It is recommended that you consult a local “Dar-ul-Qadha” in settling these inheritance matters.  

فقط واللہ اعلم بالصواب

 

Question ID: 1176 Category: Dealings