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My father had one house given on rent. We are three brothers and four sisters [all married now]. When our own house was to construct, I spent huge amount on it. When completed we three brothers have to give equal contribution. My younger brother [doctor by profession] said he had no money to pay, so my father [during 1998] said, my house which is on rent when sold two shares be given to my elder son in lieu of younger brother not paying. He agreed. Now after 14 years, we sold this father house say for Rs 30 lakh. I wish to distribute this amount as per Islamic Law to my mother, brothers and sisters but my queries are under: (1) If three shares are made of the sale proceed say Rs 30 lakh one share comes to Rs 10 lakh, so I should take Rs 10 lakh for nonpayment by Dr who had not paid amount for construction of our own house. (2) Remaining two shares i.e. Rs 20 lakh should be distributed among mother, 2 brothers and 4 sisters as per Islamic law. (3) Or first entire amount of Rs 30 lakh has to be share by mother, 3 brothers and 4 sisters as per Islamic Law and then whatever share of brother comes that one extra share of Dr I should take. Please guide.

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
My father had one house given on rent. We are three brothers and four sisters [all married now]. When our own house was to construct, I spent huge amount on it. When completed we three brothers have to give equal contribution. My younger brother [doctor by profession] said he had no money to pay, so my father [during 1998] said, my house which is on rent when sold two shares be given to my elder son in lieu of younger brother not paying. He agreed. Now after 14 years, we sold this father house say for Rs 30 lakh. I wish to distribute this amount as per Islamic Law to my mother, brothers and sisters but my queries are under: (1) If three shares are made of the sale proceed say Rs 30 lakh one share comes to Rs 10 lakh, so I should take Rs 10 lakh for nonpayment by Dr who had not paid amount for construction of our own house. (2) Remaining two shares i.e. Rs 20 lakh should be distributed among mother, 2 brothers and 4 sisters as per Islamic law. (3) Or first entire amount of Rs 30 lakh has to be share by mother, 3 brothers and 4 sisters as per Islamic Law and then whatever share of brother comes that one extra share of Dr I should take. Please guide.

Answer

(Fatwa: 1198/D=74/K=1433)

Your father’s words that when the house is sold then two shares be given to the elder son…….it is in place of will and a will made in favour of heirs is not valid: لا وصیة لوارث
Hence the income derived from this house first shall be divided among all heirs and the division shall be made as per no. 3 as you wrote and the detail of which is given below. As for the proposal of elder brother that the share of doctor brother shall be given to elder brother which the doctor brother has accepted, if the doctor brother wants to give his share to you happily then it shall be lawful for you to take it. And you will not have the right to take it yourself or to demand for the same. As it seems that it was a contribution towards you and it was not a matter of loan etc. The detail of the division is as follows:

Details:
Wife: 1×375000 = 375000
Sons: 3×525000 = 1575000
Daughters: 4×262500 = 1050000
Total: 3000000

If at the time of spending money in the house you explained that you are investing so much money on behalf of doctor brother and you will take it later and that time he accepted it, then you shall have the right to take back or demand only as much money as you spent, not more than it.

Allah (Subhana Wa Ta’ala) 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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