Fatwa ID: 03046

Answered by:  Maulana Shadman Ahmed​

Question:

Assalamu Alaikum Wa Rahmatullah

My grandfather while alive decided to split his house between 3 sons. Two sons were well off financially. And one son was disabled and could not work so never had any personal wealth.

My father decided that one brother will buy the others share and the other will no longer have anything to do with his father's house any longer.

My father made the payment and kept my grandfather's house.

After this, my grandfather decided that my father who brought out the share and the disabled brother (who didn't pay anything towards it) will have an equal share in the house and had it registered and it continued like this until my grandfather passed away.

Then my father continued to look after his disabled brother morally and financially throughout his whole life until the disabled brother passed away and left behind a wife and one young boy. who is now aged 11 years old? When my grandfather was alive the house only had a few rooms and was a single floor house. My father throughout the years rebuilt the house and now the house has 3 floors and maintained it with his money with no contribution from his disabled brother.

Since my father's brother passed away my father has been looking after the wife and child financially and still is supporting them financially till this day and has kept them in the same house. and now the wife of the disabled brother is demanding a share in the property and wants her share in the form of a cash payout or purchase of a house for her. Could you please let us know what share the disabled brothers family is due as my father is the one who brought it with his money and has been maintaining throughout his whole life with no contributions from the disabled brother.

Jazak Allah Khair.

Answer:

بسم الله الرحمن الرحيم

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

Assalamualaikum Wa Rahmatullahi Wa Barakaatuh

Islamically when your grandfather registered it under your father and uncle’s names and both had possession of the house it counts as an equal gift. That means at that time how the house was (single floor with few rooms) was owned half by your father and half by your uncle.[1] Any additional renovation that was done by your father belongs to your father only.

The share that your Aunt is demanding will be according to the original structure of the house at the time when it was gifted to your uncle. She will receive an eighth of half of that original structure and the son will receive the rest of the half of that original structure after your Aunt has taken her share.[2]

Only Allah knows best

Written by Maulana Shadman Ahmed

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham