assallamalikum . i have basicly two questions. firstly i would like to know how is the distribution of property calculated as in when the house is sold ( parents are not alive )the distribution between brothers and sisters .. secondly regardind the same question .. my mother has in total six siblings two brothers and four sisters ( includng my mother).. my eldest aunt is the only one not married . she stays in a house with her brothers and their wives..which is (pagdi)a rented house( theyhavebeen stayin there since70 years . after my nana expired my aunt took the sole responsibilty of taking care of the house ..from getin her younger sisters and brothers getin married to taking responsibilty of each and evry expense incurred in the house. recentclty she renovated the huz and invested and sum lakhs of rupees in the huz ..my mamus now want to seperate and sell the huz .A) is rght if my aunt asks for the money the amount she spent on renovating the house after the sale of property ? B) if the house is sold what is the distribution of cash as per islamic law …eg flat sold for 50 laks.? can the distribution of money be calculated after my aunt removes her sum of money from 50 lacs through islamic law ?
Answer:
(Fatwa: 684=684/J)
Which house do you want to distribute? Whether is it about the same rented house in which your maternal aunts and uncles are living for years? Or is there any other ancestral house which is owned by them? If you are enquiring about the rented house then how can they sell it when it belongs to someone else? Also, which house was repaired and renovated by your maternal aunt, is it the same rented house or any other one? Please, clarify these points then you will be given a complete answer.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband