Son demanding share of late parents house

Question ID: 39526

1. Our mother who died in a road accident in July 1984 had no property or wealth of any significance which we could inherit.

2. Our father who died about 21 months later in 1986 left behind little money which was used to pay off his debts.

3. Two of his small cars were sold and proceeds were given as lillah for Esale sawaab of murhoom.

4. The only significant inheritance is a family house where our parents lived.

5. We are a family of 4 brothers and two sisters and are all married and settled in life.

6. The elder of the two sisters lives in America while the younger one lives in Zimbabwe ( with their respective husbands and children).

7. Our youngest brother emigrated to United Kingdom ( Leicester ) in the late eighties.

8. Two of our brothers who were living with our parents in the family home continued living there after the death of our parents and are still residing there.

9. A small cottage at the family home was rented out for a while and income thus derived was banked.

10. We are a united family and have had no disputes thanks to the Almighty Allah . We as brothers have recognized that our sisters are also shareholders in the family home although the sisters had never demanded their share.

11. By mutual consent it was assumed that the two brothers who were living with our parents may continue occupying the house . No rental was considered or ever discussed and the occupants in return maintained the property and even carried out renovations as necessary thereby improving the market value of the property.

12. Rental income from the cottage until exhausted was utilised every year to pay for the cost of the Qurbanni on behalf of all the brothers and their spouses as well as our deceased parents and other deceased relatives. Was this in order? Please advise.

13. The youngest brother living in UK ( Leicester ) has indicated that he has no desire to return to Zambia and as such he wishes to cash in his share in order that he may use the money thus derived in his business venture.

14. He may also be planning to claim his share of the supposed rental for all the period the two brothers have been occupying the house since the death of our father to date . He has not directly demanded this but indirect indications are there and I may even be wrong in this matter.

15. Apart from this brother’s request we all other shareholders have maintained the status quo and have been happy with the arrangement prevailing.

Mufti saheb please advice us how we may resolve this issue according to Shariat bearing in mind not all of us ( including the occupants ) may
be in a position to pay this brother in UK to acquire his share. What options are provided if any by Shariat?

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Asked on January 1, 1970 12:00 am
Private answer

Firstly the two small cars which were sold, was not in accordance with the Shariat, because there were many heirs to it. To redeem that, the price of the sale should be set as assets to be divided (Asset A).
Evalute the house (family house) (Asset B).
Small Cottage to be evaluated, if it forms part of your late fathers estate.
(Asset C)
Then since you have 4 brother and 2 sisters :- divide assets ABC into 10 parts.

Then call meeting of All share holders, those oversees will be informed telephonically.
In the meeting discuss :

1.) Do all agree that Asset A was disposed off will the willingness and happiness of all. If yes, remove from pool.

2.) Now total Assets B and C.

3.) Divide into 10 parts.

4.) If the Share holders who are without force or any form of pressure willing to accept one's share and give it to others.

5.) Then consider paying Brother in England.

6.) Make agreement of what is due and then payment can be made in installments.

In the above manner law will remain and as normal no room for dispute will arise.

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Answered on January 1, 1970 12:00 am