I am in extreme difficulty kindly help me. We are 2 brothers and 1 sister. On our father’s plot I, the younger son, built a building with completely my own halal hard-earned money. I also took a home loan and alone paid the complete installments for 3 years. When the house was ready, my elder brother did not want me to stay in this house and wanted to conquer complete house, hence when I came home with my wife to stay from day one, my elder brother and his wife has been fighting and torturing me and my wife extremely. He beats parents, uses very dirty language for me and my wife. I requested my parents to sell the house and give me back the amount I invested so that I can take parents and stay in other house, but my parents are scared of him hence do nothing. When I and my wife could not tolerate his oppression, we left the house and staying in a small rented house. I am having lots of stress and tension. I request you, please guide me in this regard.
Answer:
(Fatwa: 1454/B=316/TB=1433)
Your father should call two or four bold and fearless persons and should divide his residential house and plot among his children in three equal shares. First of all, he should give his wife eights share from it then divide the remaining into three equal shares and give 1-1 share to each of his three children, and make them its owner and give it into their possession. As much plot the younger brother has walled while constructing his house if it comes under the said division then it is alright and if it exceeds the boundary then the younger brother should give its compensation to elder brother, and put an end to the quarrel and fight.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband