Does Payments Which I had Made towards the Mortgage of the House Reflect Part Ownership of the House

Fatwa ID: 04207

Answered by: Maulana Ahmed bin Mohamed Umarji

 

Question:

 

Assalaamu Alaikum.


Dear respected Mufti Sb, I live with my family (wife and 2 children) and we live at the family home with my mother which is under her name. I also have 2 older brothers and 2 sisters who have their own houses all living with their families.
 

A few weeks back I brought the subject up to all the family members that what is to happen to the main family home after mum as I have paid part of the mortgage and part of it by our parents, (I took on the responsibility as my father who has passed away 24 years ago was struggling at the time and I was working) to which my brother replied to me that it has to be shared Islamically  (Sharia Law) which is 25% for all 3 brothers & 12.5 % for the 2 sisters.
 

So now am in a bit of a dilemma due to that if I had known this before, I could have purchased my own house earlier in my life and could have been living comfortably as they all are and also whatever the percentage I have paid towards the family home I could have paid that into my own house.
 

I did mention to my brothers regarding the payments which I had made towards the mortgage of the house that reflects part ownership of the house to which I was replied that everyone has to pay their ways in life like people pay rent/repairs etc. towards the house. To which I said well if you all want a fair share it would be equally right for mum to go and stay at all the brothers & sister's houses not just me and my family looking after her as we are limited to doing or going places whilst you have no worries.

 

Which brings me to another question that, say a family member pays towards fitted wardrobes & double-glazed windows, just to keep up with the Jones's is there anything he can claim or receive from the inheritance before it is shared out to all family members.


 

 

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:

 

If the mortgage was paid with the permission of the remainder of the inheritors you are entitled to the amount you invested into the house, the rest will be divided amongst the inheritors. However, if it was paid without the permission of the remainder of the inheritors the entire amount will be distributed amongst the inheritors.[1]

With regards to the drapes etc. the same rule will apply.[2]

 

 

Only Allah knows best

Written by Maulana Ahmed bin Mohamed Umarji

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

 

 


[1]al-Fatāwā al-Ḥindiyyah, Vol. 3. Pg. 346. Dār al-Fikr

[2] Fatawa dar al-Uloom Zakariyyah, Vol 8, Page 800, Zam Zam Publishers

 

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