(#076)
salamo Alaikum Sheikh, I woild like to ask that we are 3 brothers and my parents alhamdulillah still live. We all livetogether in one home. Now we are planing to separate each other. There are two lands which I bought from my income. should my father also count that land which I bought from my income.
Answer
بسم الله الرحمن الرحيم
السلام عليكم و رحمة الله و بركاته
حامدا و مصليا و مسلما
We received your query regarding the distribution of your property. Our response is as follows;
If you were the sole purchaser of the two properties without any partners, together with this, you had not assigned any portion of the land to another person, then the complete property will be under your ownership. On the other hand, if your property is divided between yourself and your family, or anyone else, then you will be an owner of your specific share.
Therefore, it will depend on what is being planned to be distributed. Furthermore, whatever is a person’s property cannot be taken out of his possession unless with his permission, therefore your family should mutually determine what is to be distributed and no one’s property /ownership should be taken unless it is given with happiness and complete possession should also take place.
And Allah Ta’ala knows best
Muhammad Irshad Motara
2nd Muharram 1434
7th November 2013
Checked and approved by
Mufti Musayyab Sahib
