Fatwa ID: 03139

Answered by:  Maulana Mohammed Kamran Abid

Question:

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 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. 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 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. My father throughout the years maintained its extension/repairs etc with his personal money with no contribution from his disabled brother.

Since my father's disabled brother passed away my father has been looking after the wife and child financially and still is supporting them financially and has kept them in the same house. 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 has been using his personal money to support the brother and maintain the property and if my father could deduct any money's from the disabled brothers share which he believes he has spent in paying for the house originally and maintenance throughout the years.

Answer:

In The Name Of Allah, The Most-Merciful, The Most Kind

Inheritance has to do with a person’s property after the death of the person. Allah (swt) has stipulated a fixed ratio that is necessary to be distributed to the appropriate people.  If your grandfather had distributed his house before his death then, this is not considered as an inheritance.

However, if your grandfather owned a portion of his house at the time of his death, then his portion of the house will be considered as inheritance, which will be divided among the relatives alive around him. To determine your disabled brother’s share we would need to know if your grandfather owned a portion of the house at the time of his death.

Only Allah knows best

Written by Maulana Mohammed Kamran Abid

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham