Building a house on one’s father’s property
Q: By father bought a land which cost 25k and I built the house for our family to live in. We are three siblings and my father and mother. Can you please advise what does the Shari’ah say on distribution of my fathers contribution to his wife and children?
A: If you had built it for your father then the house belongs to your father and if your father had asked you for a loan that is payable then he should pay you for your building.
And Allah Ta’ala (الله تعالى) knows best.
Read these QA to learn more..
- Q: My father had taken a house on rent in 1970. In 1978, my father entered into agreement with the builder for flat to be allocated to him. He also agreed to buy 100 sq feet more by paying Rs. 10000/-. During this time someone had suggested him to avoid some legal issue he transferred his right to my uncle just for the sake of law. Till now we were staying as joint family. In 2011 my uncle was diagnosed with cancer, so we verbally made his will stating that the house will be divided in 2 shares 50% to his wife and other 50% to me, that time my father didn’t objected to his decision as my uncle was suffering from cancer. My uncle died in 2012 September, and now his wife want to sell the property and take her 50% share for which my father is objecting. I want to know in the light of Sharia rules. 1. Can my uncle make verbally will for the property which was actually of my father but due to some legal issue the property was registered in my uncle name. 2. Who is the rightful owner of the property?
- I have acquired three small pieces of land recently with the intention that these investments will mature in the long run to enable myself to build a house. I am confused about paying zakat on these lands.I would like to know if you purchase land for the purpose of building a house in the distant future may be on the same or some other property by selling this one do you have to pay zakat on it? Is it right for me to pay zakat on selection of them or two of them and mark one as reserved for house building? Also is there a one year grace period before zakat becomes due ? please advise.
- ASA After my mothers expiry my father married again.After sometime he planned to build a house at Karachi,while he was posted at Lahore. To facilitate house building loan the plot was transferred to her name. Later my father built two more floors & directed me to come & live with him,declaring that the 1st floor was for me. Then I moved up-country as per job requirement & the 1st floor was rented out,while family of my foster mother’s sister moved in & occupied the 2nd flooor. My father expired recently & it seems my foster mother intends to deprive me from my father’s property & eventually hand over its custody to sons/daughters of her sister residing on the 2nd floor. This is so because my foster mother is issue-less. Nothing was contributed by my foster mother towards construction of the house,she was & is merely a custodian. Legally I cannot proceed against her as per the law of the land, or is there any access to justice through SHARIAT-E-Islami? Plz. intimate earliest as to what I should do?
- Alhamdulillah I am the only son to my parents and I have five sisters all are married and settled. As my father is a retired Govt. servant, Allah blessed me a good job in Gulf. All the expenses of my sisters’ marriages plus building of our house, hajj of my parents was purely done by me Alhamdulillah. My act was purely to get the blessings of the Almighty Allah and to see my parents happy all the time. The house we live is owned by my father and all these years my parents kept saying that the house belongs to me and I never pressed my father to write the house in my name. Now the time has come and my father wants to write the property to my name. But, my parents want their wish to fulfilled and requesting me to give 10 lakhs each to my sisters as a gift to own the house. As per my parents, the present value of the house is about 1.5 crore. Is this fair to give share to my sisters for this deal? Do I have to fulfill the wish of my parents? What is sisters’ right in property?
- Assalamou Alikum Respected Mufti Sahib, A father during his lifetime gifted his daughter a house (which was then legally transferred from his name) and also said and wrote that 30 thousand pounds of the value of another property, which he owned, is now the property of the daughter. This gift was granted because of the daughter?s khidmat of the father and his wife, due to which the daughter never married and stayed single. Now, in a twist of events the father and daughter once had an argument and during the exchange the daughter said, ?I don?t need anything from you, no house no money? referring to the gifts the father had granted her. Now the question is, by saying these words, does it have any effect of her ownership of the house or the 30 thousand pound property value, which she previously received from the father. May Allah reward you. Wassalaam
- Q: My uncle financially helped my father in buying a house in which we are currently living 32 years back without telling that he is giving loan to my father He is living in uk and in these 32 yrs also he never talked about this or about other money he gave to my father. Now after 3 yrs of my fathers death when we want to sell this property he is asking 50 percent of the money showing one letter inwhich my father has written to him that his name will also be in deed. But my father for the whole life told that this is his property and his brother has only helped him. What is sharaii ruling in this situation?Does uncle shariatan has any right on this property?We are ready to give if shariat says that he has right otherwise not and he is father has intentionally cut his name from the deed and so he can go to the court also. I know nothing about these things. I only that my father was not liar. What should I do?