Late parents will

Question ID: 34552

Assalaamuh Alaikum Mufti

Would like to know the following w.r.t our late Mother’s and Father’s will:

In 1997 I was approach by our late Father & Mother to take over their House and in exchange to built a separate entrance for the two of them when they would return from Ghajj with the agreement of both my two Brothers as they already had their own houses. My wife and I agreed to their proposition and then started with renovations on the existing house and building the separate entrance after the plan was approved by the council. My Father sighed a letter with the City Council giving me permission/authorization to do so(this Letter together with most of my Invoices for building the place and cost of the materials I’ve kept in a File as proof).
As our Mother was the sole breadwinner she purchased the Council owned house from her Pension funds and because our Parents were married in community of property registered a Joint own home at the Deeds office.
Both our Parents made separate wills prior leaving for Ghajj at the MJC stating all details as above-mention w.r.t the agreement.

My Mother then past away in April 2009 but her will disappeared without executing it…both my Brother has knowledge of the will and also confirm the contents of it but no-one seems to can find it and the MJC says they cleaned their archives in 2014 and has no record of such. This same year my Father made a new will stating otherwise and not making any mention of the agreement and the separate entrance which I build in 1999 when they when for Ghajj.
After the passing of our Mother we look after my Dad till he’s last day in June 2017…still paying Rates/Electricity and other.
My Father’s will has changed now leaving 1/3 to each heir of his house/estate….
Please let me know as to how to solves this as my Brothers now claims that everything belongs to our Dad and our Mother’s will is nowhere to be found.


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Asked on November 7, 2017 12:27 am
Private answer

Take it to arbitration.
The house belongs to you as per your statement.

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Answered on November 27, 2017 1:41 pm