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Inheritance Dilemma: Co-Owned House Sold with Questionable Practices

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My father died and he left a house. This housed is co-owned with his two brothers. My uncle went and sold the house and it’s front land. The problem is that the essence of the purchase of the house was filled with problems like forcing people to sell their rights to the house. Secondly, we don’t know yet whether my uncle who sold the house also sold the house of someone else and included in the inheritance that will be given to us. My uncle has sold their land too and gave them $50,000 however, that family are saying that their house has been sold and is in the money in the money that is given out to us. We have informed this to our uncle and he is rejecting all of this and is saying that he has not sold their house. Now the inheritance that will be given to us, we don’t know what to do with it. Is it halal for us? Do we have to make the money halal by giving out charity? Or is it forbidden for us to consume the money and we should give out the whole money onto sadaqah.

Bismillaah

A: Find out from your uncle and from local ulama who are acquainted with this type of a situation whether the other property was sold.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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