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Who is entitled to the rent for the past 10 years from the property my father and uncle shared?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
I hope you are in the best of health and iman. I am asking a question on behalf of my father. My grandfather passed away in September. And my uncles are dividing his wealth. My father used to live with his father up and till 2004 when my dad moved out and started to live separate. My uncle and my father have a property on rent and all the income used to go to my grandfather for the past ten years, my father never used to ask for money and even if he did he used to pay back. Now that my grandfather has passed away, who is entitled to the rent for the past ten years? My uncle lived with my grandfather up and till he passed away. I hope you can answer my query to the best possible way as we do not want any family arguments as my uncle is saying that he does not owe us a penny because my grandfather has passed away and it was up to him.

بسم الله الرحمن الرحيم

(Fatwa: 1059/843/B=07/1435)

If your grandfather, at the time of his death, left only two sons i.e. your father and your uncle then they shall be eligible for the rent of ten years. They should divide it into two shares and take 1-1 share each. It is not a complicated case, everything is clear.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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