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Inheritance dispute

Answered as per Hanafi Fiqh by Askimam.org

I have a query regarding our  property. We are 5 brothers and 3 sisters. I am second son. Long back ago I came to saudi to earn. That time my father was retired and my big brother was looking after his own life.And rest of the siblings were young and my parents used to live as tenents.Financially they were not sound enough to buy a house. so i used to earn and send all the money to my mother which she collected enough to buy a house. So they selected one house in India and bought it with my money but during registration my mother was short of some money , so she sold 500gms of gold to complete the transaction and she bought it and registered it on her name.But she always used to say to me that it was your house.All of them used to live in that house for so many years.And after my other brothers started earning they did some house maintenance like digging well and making stairs.

  Once i asked my mother to name the house on my name and I will give her the amount of gold she sold for registry.And i also said she can use the house as long as she wants it. But she changed her mind and did not agree and now started saying it was her house.

  Now after all these years when my father died, my mother wants to distribute this house among all her children!

  Is what she is doing correct. now all my siblings are also asking for their share in that house!  What should i do now? Please answer my question inlight of Islam and i will completely act upon islamic decision.

 Thank you.


When you sent the money to your parents, what was your intention? If your intention was to gift the money to them, the house belongs to you in proportion to the amount of money you spent in purchasing the house.

My suggestion is if possible you make your mother happy and allow her to dispose of this house as she deems fit.

and Allah Ta’ala Knows Best

Mufti Muhammad Kadwa

CHECKED & APPROVED: Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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