Transactions & Dealings >> Inheritance & Will

Question # : 18953

India

Assalam-U-Alaikum. We are 2 brothers & 1 sister in my family.We have one flat which is on my fathers name, where I stay with my parents.My brother was in need to money to buy his own flat, for that we decided to help him. For that we fixed our fathers flat price as 30 lakhs, and considered as 10 lakhs each for 2 brothers & 1 sister. So i kept the fathers flat, and paid 10 lakhs each to sister and brother. Now brother has its own flat on his name. But this flat which i purchased from my father is still on my fathers name. My father says let it be on his name only, and he just signed on one blank paper that this flat belongs to my younger son (me). Whenever my father is not in this world, can my brother & sister can claim their share in my fathers flat, which i have owned but still on fathers name. Is there a solution for this, where in Islam, I can avoid my brother & sister claiming for fathers flat later. May Allah make my father live longer happily & on Islam. Please advise me.

Answer : 18953

Published on: Jan 22, 2010

بسم الله الرحمن الرحيم


(Fatwa: 149/142/H=1431)


 


Request your father to legalize what he had written on simple paper with government procedures, he will do it in-shaAllah. And get the testimony of the brother and sister while furnishing the official procedure. If the father is not ready, you should not use any force, rather keep on serving him in all ways and get his pleasure, and have good conduct with parents, brother and sister. Leave the tension regarding the matter of house and fix in mind what Allah will destine will be better.


Note: if the cost of the house was settled at 30 lakhs with the consent of father and he ordered to give 10-10 lakh to one brother and sister, then as per the Shariah you became the owner of the house, now after the demise of father brother and sister will not have their share in the same. (D)



Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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