Fatwa ID: 06703
Answered by: Mufti Mohammed Dilwar Hussain
Question:
Assalam-o-Alaikum,
I need advice regarding property and inheritance.
My father, who is still alive has a number of different properties mostly plots in Pakistan. My mother is still alive. I have one younger brother and one elder sister. My father gave me a plot which is under my name a few years ago when I was only 20 years old, obviously, the price of the plot paid my father. He gave a plot to my younger brother as well. During this phase of time, I became older and start supporting my father as he is retired now and paid maintenance charges to keep the plot. I paid charges over the years which are actually way more than the actual price of the plot. I also paid maintenance charges to my father’s other properties as well solely as my younger brother and father can’t afford it. Now My father wants to sell the plot which is under my name as its value is way higher than all his properties. He has a right to ask for the property back which he gave me. should I give this plot back to my father who gave me this as a gift, could I ask back all the investments I have made during this time, could I ask him for my share? Could I also ask him for shares in other properties as well before I can give this plot back to him although he is not willing to give it at this time? What should be my share in the inheritance? Please advise.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
If your father assigned the property to you and it is in your name, then the property belongs to you. All the maintenance costs paid have no effect on ownership. The maintenance costs which you have paid for your brother’s property and your father’s properties do not infer ownership. They were done out of your own goodwill. [Radd ul Muhtaar; volume 7, page 488-489] [1]
These matters are sensitive matters, especially when it comes to family. Small discrepancies can cause infighting and lead to families breaking apart. In such situations, it is perhaps better not to look at whose right it is but what is better for the family. Your father may be in a situation where he is in need of money and our parents have a right over us and over our wealth. These are points for your consideration, as I do not know the particulars of your situation. You can make the request for alternative land in place of this one, but consideration should also be made for your sister who does not seem to have received any property at all thus far.
In terms of inheritance from your father; it is difficult to give an accurate account for it without knowing more information in regards to which of his relatives are still alive. One would also need to take into account those relatives who are still alive at the time of his death to be able to accurately account for the shares of the inheritors.
Allah Ta’ālā has said, “Allah directs you concerning your children: for a male, there is a share equal to that of two females. But, if they are (only) women, more than two, then they get two-thirds of what one leaves behind. If she is one, she gets one-half. As for his parents, for each of them, there is one-sixth of what he leaves in case he has a child. But, if he has no child and his parents have inherited him, then his mother gets one-third. If he has some brothers (or sisters), his mother gets one-sixth, all after (settling) the will he might have made, or a debt. You do not know who, out of your fathers and your sons, is closer to you in benefiting (you). All this is determined by Allah. Surely, Allah is All-Knowing, All-Wise. For you, there is one-half of what your wives leave behind, in case they have no child. But, if they have a child, you get one-fourth of what they leave, after (settling) the will they might have made, or a debt. For them (the wives) there is one-fourth of what you leave behind, in case you have no child. But, if you have a child, they get one-eighth of what you leave, after (settling) the will you might have made, or a debt. And if a man or a woman is Kalālah (i.e. has neither parents alive, nor children) and has a brother or a sister, then each one of them will get one-sixth. However, if they are more than that, they will be sharers in one-third, after (settling) the will that might have been made, or a debt, provided that the will must not be intended to harm anyone. This is a direction from Allah. Allah is All-Knowing, Forbearing.” [Surah An Nisa; 4:11-12] [2]
Based on the information you have given above, if there are no other relatives to inherit your father and all of you are still alive at the time of his death then; after funeral costs have been covered, any outstanding debts repaid and any bequests fulfilled (upto 1/3 of the remaining wealth), then your mother will receive 1/8 from whatever remains. The rest will be split between you, your brother and your sister (brothers will get double the share of the sister). As a percentage that would be 35% to each brother, 17.5% to your sister and 12.5% to your mother.
Only Allah knows best.
Written by Mufti Mohammed Dilwar Hussain
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
[1]شرعا: تمليك العين مجانا أي بلا عوض، لا أن عدم عوض شرط فيه
شرائط صحتها في الموهوب أن يكون مقبوضا غير مشاع مميزا غير مشغول.
}[2]يُوصِيكُمُ ٱللَّهُ فِيٓ أَوۡلَٰدِكُمۡۖ لِلذَّكَرِ مِثۡلُ حَظِّ ٱلۡأُنثَيَيۡنِۚ فَإِن كُنَّ نِسَآء فَوۡقَ ٱثۡنَتَيۡنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَۖ وَإِن كَانَتۡ وَٰحِدَة فَلَهَا ٱلنِّصۡفُۚ وَلِأَبَوَيۡهِ لِكُلِّ وَٰحِد مِّنۡهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَد فَإِن لَّمۡ يَكُن لَّهُۥ وَلَد وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُۚ فَإِن كَانَ لَهُۥٓ إِخۡوَة فَلِأُمِّهِ ٱلسُّدُسُۚ مِنۢ بَعۡدِ وَصِيَّة يُوصِي بِهَآ أَوۡ دَيۡنٍۗ ءَابَآؤُكُمۡ وَأَبۡنَآؤُكُمۡ لَا تَدۡرُونَ أَيُّهُمۡ أَقۡرَبُ لَكُمۡ نَفۡعاۚ فَرِيضَة مِّنَ ٱللَّهِۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيما ۞وَلَكُمۡ نِصۡفُ مَا تَرَكَ أَزۡوَٰجُكُمۡ إِن لَّمۡ يَكُن لَّهُنَّ وَلَد فَإِن كَانَ لَهُنَّ وَلَد فَلَكُمُ ٱلرُّبُعُ مِمَّا تَرَكۡنَۚ مِنۢ بَعۡدِ وَصِيَّة يُوصِينَ بِهَآ أَوۡ دَيۡن وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكۡتُمۡ إِن لَّمۡ يَكُن لَّكُمۡ وَلَد فَإِن كَانَ لَكُمۡ وَلَد فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَكۡتُمۚ مِّنۢ بَعۡدِ وَصِيَّة تُوصُونَ بِهَآ أَوۡ دَيۡن وَإِن كَانَ رَجُل يُورَثُ كَلَٰلَةً أَوِ ٱمۡرَأَة وَلَهُۥٓ أَخٌ أَوۡ أُخۡت فَلِكُلِّ وَٰحِد مِّنۡهُمَا ٱلسُّدُسُۚ فَإِن كَانُوٓاْ أَكۡثَرَ مِن ذَٰلِكَ فَهُمۡ
شُرَكَآءُ فِي ٱلثُّلُثِۚ مِنۢ بَعۡدِ وَصِيَّة يُوصَىٰ بِهَآ أَوۡ دَيۡنٍ غَيۡرَ مُضَآرّ وَصِيَّة مِّنَ ٱللَّهِۗ وَٱللَّهُ عَلِيمٌ حَلِيم{
