• Transactions & Dealings >> Inheritance & Will

    Question ID: 50169Country: India

    Title: Inheritance

    Question: I was working in Saudi from 1989 and I am the youngest of 8 children 2 elder brothers and 4 elder sisters, 1 younger sister, as everyone were well off and highly qualified with own buildings where as I was not having any thing my mother told me to construct a house on my father’s site, in which I can stay as it was quite cheap at that time so I spent 1 lakh rupees to construct 2 floors, my mother also spent 45 thousand rupees along with me to construct, after that I was not allowed to stay in that house, now both my parents are no more & the house lies vacant & locked all my siblings are ready to sell it so what should I get for my investment at present rate its gone up to 50 times more on building and plus my share in the property, if I would have bought a site of my own at time it would have fetched me in crores at present. Please kindly reply how to share it among ourselves waiting for your reply as soon as possible.

    Answer ID: 50169

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 233/185/D=01/1435) You should have started the construction on the land after getting it into your possession. If that land was owned by your father and your father did not make you its owner then the land remained into his possession and it became his inheritance after his death. Now all his Shariah heirs have their shares in it and they are entitled to receive their shares. However, the construction which you made shall be your property for which either you take its cost from all the heirs and then distribute the whole house along with the land among the heirs or sell it. Otherwise you only have the right to transfer it either by breaking it or take the cost of debris.

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India