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Assalamu alaykum,

am repeating this question as i did not get an answer from my previous post.

 

Let me first tell about the background.

 

My father has been given a land by the government which he can use for 100 years, he has built two apartments in the ground floor on that land,

 

one apartment is occupied by me and i pay rent to my father for that. Most likely my father will become the owner of this land soon.

 

 

 

I have 2 sisters, both married and my father gave them 40 soverigns of gold each during marriage, and in my marriage he gave me 10 soverigns of gold.

 

 

 

Now am planning to put in my money and construct an apartment on the first floor and live there and not pay any rent to my father.

 

 

 

Now my question is after my father how do we divide this. I am confused because if the property is divided as per sharia then

 

i would be getting 50% and each of my sister would get 25%, but since he has given them 40 soverigns of gold and only 10 soverigns to me,

 

now how do we divide, i just want justice to prevail, i do not want any conflictions with my sisters. Please help.

 

 

 

Jazakallah

 

Answer

In the name of Allah, Most Gracious, Most Merciful


Assalaamu `alaykum waRahmatullahi Wabarakatuh

In your query you state the Government has given the land to use for 100 years. As such, the land does not belong to your father. It still belongs to the Government. What is the legal position of houses built on such a land? Does the occupier of the land own the actual building or he merely has a right to live in it? What will happen to the building after 100 years? What do you mean by your father will soon be the owner of the land?

It is important for us to have answers to all of the above to advise according to Shariah.

And Allah Ta’ala Knows Best

Wassalamu Alaykum

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah

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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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