My father had died 6 years back he left 1 house in wirasat in that house my mother and my brother with his wife and my sister live and I live in different house on rent due to some conflict after my marriage and for that house from past 4 years. I am paying 9000/- rent every month which is totally bared by me, as the tarakah is not distributed yet. So kindly let me know that my mother or anybody else should pay the rent of my house as they are totally using all the things of father after his death and every month I have to bare the huge amount of rent due to non distribution of tarakah. After the death of my father as per my mother wish I had renovated the house of my father (WIRASAT PROPERTY) in which I had spend 375000/-. So kindly let me know can I take this amount from my father wirasat as all that expense by taking qarz and know I cannot pay back due to financial problem as my mother is now arguing that I cannot take the amount from tarakah as I have not mention earlier that I will take it back.

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 1337/1431/L=12/1436)

(1) When your father has died then the house and his leftover property should be divided among his heirs. In case it is not divided due to some reasons and you intend to give it on rent then it should be given with the consent of all the heirs and the amount of rent should be divided among all the heirs as per their shares.
(2) If you have spent the amount voluntarily without the condition of return then it shall not be allowable for you to demand the same or to take it from the leftover property.

Note: Likewise you cannot demand the amount of rent. However, you may demand your share in the house and after it is divided you may take the rent after fixing it.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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