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Uncle unjustly taking the business of his late brother

Q: My late father had a shop and suddenly he past away. We were 4 children and I was 3 at the time he passed away.

Now somehow without my mums knowledge, by taking her to a solicitors they transferred it to my uncles name. My mum doesn’t know English well enough and was told she just needs to sign for something and in a way don’t ask too many questions just sign it.

Now that I have grown up, my uncle had remortgaged the shop for £95,000 the value of the shop. When I bought the papers forward and told them this shop is off my mums name and why have you taken all the money out, there gave excuses like we did everything for you and we are your fathers.

After asking for the shop for the last ten years I was getting physical abuse as well as verbal. Just last year my uncle agreed to give the rent from the shop as it’s on rent. He also made a letter saying all future rental wil go to my sister in law until he pays the shop off and give it back as a gift.

Now after a year I went down to collect the rent and the person who is renting the shop said your uncle came and took the rent and said not to give it to you and from now they will collect it.

Somebody approached my uncle and he is saying that my grandfather had paid for the shop for my father for that reason the shop belongs to them. What is the right thing to do?


A: When the business belonged to your father it is absolutely naive to believe that it is your grandfather’s. Obviously if it was your father’s you will will be the rightful heir.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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