We took loan and built a house. So in building that I, the eldest son, and my father contributed. This was after my eldest sister got married. And the house is still under loan and the property is under my mother’s, father’s and my name. Does my eldest sister and brother have share in that property?

June 27, 2013 By

Question:

We took loan and built a house. So in building that I, the eldest son, and my father contributed. This was after my eldest sister got married.

And the house is still under loan and the property is under my mother’s, father’s and my name.

Does my eldest sister and brother have share in that property?

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

According to Islamic teachings, one should clearly know what he owns. If there are joint owners of something, all the joint owners should know how much of that thing they each own (for example, 50/50 or 40/60 or 30/20/50 etc.). Nowadays, many families do not know who owns what; and this leads to many problems later on, especially when the time comes for that thing to be distributed among the inheritors.

In the case of that property, it firstly has to be determined who owns the property. If all of you (yourself, your mother and your father) own it, then it must be determined who owns how much of the property. You must mutually discuss this with your parents.

Your father’s inheritors will only inherit the portion of the property that belongs to your father, not the portion that belongs to you or your mother.

For example, if your father owns 40% of the house then his inheritors (including yourself and your mother) will only inherit from this 40% of the property. They will not inherit from the other 60% of the property, as that does not belong to your father.

And Allah knows best.

Mufti Faizal Riza
6/6/2012
Darul Ifta Australia
www.mufti-online.net

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