Islamic marriage advice and family advice

Distribution of inheritance

Crowded house.

Dear

We have a family house, my father bought the land about 25 years ago and paid for it and then he constructed the house with his own money. No one else shared the expenses with him, But the problem is that this house is in the name of my elder brother.

Alhamdolillah my father is alive and enjoying good health but what if my brother's sons now say that this house is ours and may create a problem.

There are many witnesses to this that this house belongs to our father. We need your advice.. and also can you please clarify that whether grandsons (sons of son) have any right in grandfathers property?

prince


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3 Responses »

  1. What was the reason your father built a house in your brother's name? If house is registered under your brother's name, even your father may not have any legal rights to the property. Your father can get all you brother's and sisters and talk about this and ask your brother to share the proeprty.

    If property is in your brother's name. His children can inherit the property. Your brother can will the house to any one he wants to I think. I am not a lawyer. Just common sense ................tells me

    • I agree with SVS. The house legally belongs to your brother. If you want that house to be distributed amongst the siblings then you have to your father talk to your brother and change it back to the father's name or place the rest of the siblings on the property title.

      If your father wants the brother to inherit it fully, then it is your father's choice. It may not be fair or right but it is his choice.

  2. Salaam brother.

    I suggest you go speak to a Sheikh / Alim / Imam / Islamic Scholar about this matter and consult him about how property should be divided according to Islam.

    May Allah keep your family blessed.

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