We are 4 sisters and 1 brother.Father died in 1983 leaving behind a house.From the beginning I have been living on the ground floor firstly with my parents then with my mother and sisters and since 2003 only with my own family.Elder sister built with her money(Rs350000)1st floor in 88 and started living there.Mother died in 99.Now 3 younger sisters who are residing in rented houses are demanding share.Elder sister says from the sale price she first be paid current value of 1st floor and then the inheritance distributed.We say u already got compensated by not paying rent.She does not agree.Younger sisters are suffering.Pls advise. Jazakallak
Answer
(Fatwa: 960/960=M/1429)
If the elder sister, at the time of building the first floor, had clearly said to her brother that she was spending the money as a loan and would take it back later, then she can ask for the money she spent. If there was no such thing and the sister constructed the floor with her money as favour and kindness, then it is not right on her part to demand the money. If the sister, besides the two reasons, had built it just for no reason and she is not ready to hand it over without money, then the question should be written again. The younger sisters as well as other heirs will have their shares in the house left by the father.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband