Transactions & Dealings >> Inheritance & Will

Question # : 26449

India

Assalamu Alaikkum, Moulana saheb, Iam 45 yrs.My father expired before 25 yrs, at that time I was 20 yrs.We are 3 sons and 6 daughters (iam the last one) we have a property in my fathers name, at that time value was around RS. 1 lac. One of my brother got cash Rs. 1 lac without knowing to any of us after my fathers expiry without legal registration still it is in our fathers name only.He also handed over the property to that person. After 25 yrs we all, excluding one of my brother who got cash, joined together and tried to vacate the person who is there. at that time he said he has given the amount for this property to one of my brother. After that my brother who got the cash also agreed and to leave his share to that person who is there. The person who gave cash also agreed for that condition. today this property value is around 1.25 to 1.75 crores. The main problem is moulana, The person who gave cash said that he went to one of my sister's husband, he sent that person to me. But I don't remember whether he has come to my place or not.But he is telling the marks of my place correctly. also he said that, I had said that to him don't worry pls go, my brother will finish off your problem and do you the favour. But I don't remember whether I had said or not. Due to this problem, whether this property is halal or haram for me?

Answer : 26449

Published on: Dec 1, 2010

بسم الله الرحمن الرحيم


(Fatwa: 1762/D=401/k=1431)

Your brother sold his share in the property to a person for one lakh. He admits the same and that person too accepts the same. In this case, the property equal to your brother's share became his property and in the rest of the property the remaining two brothers and three sisters and the mother as well, if she is alive, shall get their shares. Hence, it is lawful for you to take your share in the property without any doubt.


Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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