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    Question ID: 40647Country: Saudi Arabia

    Title: Please explain as per sharia law what is Tarka between 5 brothers 3 sisters.

    Question: As, I am working from last 15 years in Saudi my father has no property. We left my grandfather’s old house and I made new house with my own money give from Saudi. The land which my mother received from her father's inheritance, I arrange business moreover I give money to father for house expenditure. My father purchased me with my money one land registered me. I built new house. Now (1) Will my own land and house be divided to brothers and sisters? (2) My mother house which is built only and only with my money will it be divided to my brothers and sisters as my mother expired three years ago and father is still alive.

    Answer ID: 40647

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 1330/995/D=1433) (1) The land belonged to the mother but what was the nature the money which you spent in the construction? (a) If you gave money to your mother as debt then you can take the amount equal to your debt from the inheritance left by the mother and the rest shall be divided among all the brothers and sisters. (b) If you gave the money to your mother to support and help her then it was a contribution from your side. And the house of the mother shall become inheritance which will be divided among all her heirs as per the Shariah. (c) If you intended to participate in the house by investing the money then you shall be the owner of the house equal to your amount and the rest shall be divided among all the heirs as per their shares. But the matter of participation and giving of debt shall be considered when you declared it verbally, otherwise not and thus it shall be considered as contribution only. (2) If you gave money to your father to purchase land for you then you shall be the owner of the land alone and if you gifted it to your father then your father shall be its owner. Only by doing registry in your name you shall not become its owner till your father does not give it into your complete possession by doing hiba. Note: Your father is still alive hence you should clear the matter with him. (3) You are building the new house with your earning then you shall be its owner alone. Your brothers and sisters shall have not right in it.

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India