My father owned a huge flat in the most upcoming localities of Mumbai.He had paid handsomely as “pagdi”to the landlord and today it will fetch crores on selling. The rent was always paid by my father as both my brothers are NRIs.Even after my fathers death the rent was paid from the income of the establishment.Now my brothers and my uncle who is lawyer tell me i have no share in the house as it is a rented property.Kindly enlighten me according to sharia law my stand on this issue
Answer:
(Fatwa: 304/L=84/tl=1432)
Your brother and uncle are right that rented house cannot be inherited. The matter of tenancy ended after the death of the person who had taken it on rent. Now whoever takes it on rent shall be considered new tenant. However, you too shall get your share in the cost of pagdi.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband