Property, joint property, disposition, in relation to inheritance : properties in names of other than owners

Fatawa Question

Assalamu Alaykum Wa Rahmatullahi Wa Barakatuh, We would like to thank you for the wonderful work that you do, and would like to ask you the following : our question is about inheritance. Over the years we have owned (or rather mortgaged) a home in England. This home has been mortgaged and re-mortgaged in different names i.e., father’s, mother’s, brother’s and sister’s name for financial reasons. Our dear father who has sadly departed from this Dhuniyah was unfortunately, constantly in debt, hence the re-mortgaging over and over again in order to save the house. As it turns out over the years our mother saved the day i.e. 80 % of the time she paid the mortgage and most of the bills not because she wanted to but because she had to in over to keep the house. Eventually, we had to rent the house out and that rent covered the mortgaged. This scenario went on for 25 years or so. My mother worked hard in factories to keep us afloat. My father, who was a lovely and generous man, was not financially astute or responsible. (We mean no disrespect to him ? we are just telling it as it is). I guess because my mother could cope with the financial side of things my father then did less financially. We have recently sold the house which for the last 20 years has been in our brothers name, but rented for the last 15 years, and the question we have is how should the proceeds of the house be divided ? Should it be divided as if it were my father?s house or my mother?s house ? My mother wishes is to be divided equally between us brothers and sisters as if it belonged more to my mother than my father. My mother says that my father sold his share to pay debts. We understand that if we need to divide it as if it belonged to our fathers than it should be divided in the Islamic way. We are very confused as to who the house really belonged to. Jazakallah Khair awaiting your early reply

Fatwa

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Publication Date

2006-02-26

Main Subjects

Economics & Business Administration
Islamic Studies

No. of Pages

2

Data Type

Fatawa

Language

English

Record ID

BIM-787705

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