Q: I purchased a 33.3% share in a property (empty land). I paid the asking price. I decided to return my share to the Muslim brother I purchased from because I did not have additional funds to contribute towards the building. I have not as yet received any refund for my share that I returned. In the process, the Muslim brother has sold my share to somebody else and as payment accepted 2 apartments. These apartments were offered to me as payment. I refused. In the process additional building has started taking place on the property. My question is, do I have a right to take back my share considering that I have as yet not received payment for it? and 1) If no, I understand 2) If yes, at what price must I contribute towards the new building that has been happening. I know I have to contribute a third, but is the Muslim brother allowed to put a mark up on the building or not, considering that I am an equal third partner. (3 partners, muslim brother, his brother and myself.)
And Allah Ta’ala (الله تعالى) knows best.
Mufti Ebrahim Salejee (Isipingo Beach)