Q: Briefly, my dad and my uncle entered into a partnership, the business was for 60000, they only had to pay 12000 initially so they took out 6000 each and the balance 48000 because the shop had stock they would pay off by selling the goods in the shop, over some time my uncle took out his share of 6000 from the shop my father did not say anything, initially it was agreed one member of his family would stay with him on the shop, this went on for only a little while, less than a year and then none started turning up, my father was looking after the shop on his own, over period of 10 years the shop was not doing well, when I started helping my dad the wholesale business which it was initially was bad, I agreed with my father that we change the business and also terminate the so called partnership, I was new blood, we worked out capital in the business with the intention of paying off my uncle, this was in 2004 when my dad talked to him my uncle said don’t worry well sort out, I more or less started from zero, bought hardware goods from another relative on credit and started changing the business into hardware, gradually alhamdulillah I started doing well, numerous times I called my uncle, so did my dad and my mum that we sort this matter out, my uncle always said, have I ever asked you for anything, do you think I will do injustice with u, don’t worry well sort out, and always shrugged it off and I never forced him out of respect and his promise and also because over time he had become very very rich in his own businesses, over a period of 15 years neither my uncle nor his sons ever even entered the shop or asked anything or asked for dues etc. Even when I made a big loss which everyone in town got to know including them, they didn’t even ask how and why, someone ran away with my money, even when I built buildings, bought cars, changed the name of the shop, not a single question alhamdulillah by the grace of Allah I started doing well, I and my younger brother and our wives worked day and night and Allah gave barakah and now all of a sudden my uncle has passed away and after all these years the sons are asking for a share, now the business is worth millions, my dad had retired more or less as soon as I changed the business from wholesale to hardware, everything that had gone well was with my brothers and my family effort and sweat, and by the will of Allah, not a single penny of input from my uncle or his sons, my mum phoned my uncle numerous times that we terminate the partnership, this was before I had started doing well and my uncle reply was the same, that why you worried, I won’t take away anything from you etc, immediately after he suddenly passed away, the sons have come running for a share but didn’t care about anything from 1978 to 2015, what do I do now, if they force me to give them half of everything I have which I did from my own effort and capital and Allah’s will I will take my uncle to task on day of qiyamah because he did not tell his sons what he had told me, my mum and my dad. Please advise what I should do now?
A: When the uncle took out his money it was clear that he ended the partnership. Hence, he does not have any recourse to make any claim after the partnership had ended.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)