Question:
What is status (inheritance point of view) of a house purchased equally by deceased father and elder son (50% each share), being maintained by elder son through out, while rest of brothers and sister did nothing for up keeping the house? Though this fact is known by all brothers and sister and family members yet not written anywhere. Now if elder son after death of father, claims that he has half share in the house while rest half should be distributed according to law of inheritance. Is he right or not?
Mohammad Hanif
Answer:
Salaam
My personal view is that this issue can be answered both legally and morally. Legally, it depends on whose name/s the property has been legally registered. If it states that the elder son and father are joint owners then the elder son is entitled to half the property and the rest of the children and wife if alive can have shares according to the Islamic law of inheritance. On the other hand, if the property is registered in the name of the father then legally , the remaining siblings can claim their respective shares in the entire property.
Morally, if the remaining siblings are aware that the elder brother has invested in that property, then he should be entitled to half the property.
One would expect that the ownership documents would state the above fact, or else the father would mention it in his will.
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Best regards
UIUK team
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