Does he have the right to take possession of a house that was bought with his money that he used to send to his mother?
Question My grandfather had 9 children and he migrated from india with poor means. My father was third eldest son .Due to The sudden death of my grandfather, my father left for dubai,stayed there for 12years , sent all money except that was needed for our sustenance, to my grandmother.My older uncles were in no…
Question
Praise be to Allah.
Undoubtedly what your father did of helping his parents and
siblings and contributing to the living expenses even though he was overseas
and far away from his children was an act of great kindness and a good
deed.
From the question it seems that what your father did was to
help the family with their living expenses, then he sent money with which
this house that is the subject of the dispute was bought.
It may be said that in this case one of the following two
scenarios must apply:
1.
Either he sent this money with which the house was bought as
an act of kindness to his parents and upholding ties of kinship with his
siblings and helping them, voluntarily giving the money that he sent to
them. In that case the house is to be included with the estate and is to be
divided among all the heirs in accordance with the laws of Allah, because he
gave up his wealth by way of giving a gift, so he has no right to take back
his gift. And your father will be rewarded abundantly by his Lord.
Al-Bukhaari (2067) and Muslim (2557) narrated from Anas ibn
Maalik (may Allah be pleased with him) that the Messenger of Allah
(blessings and peace of Allah be upon him) said: “Whoever would like his
rizq (provision) to be increased and his life to be extended, should uphold
the ties of kinship.”
2.
Or he was sending this money for them to take whatever they
needed, and whatever was left over after spending on his family remained his
property, so the house that was bought is the property of the owner of the
money, because he is the one who paid its price, and his father and mother
acted as deputies for him in transferring this leftover money to buy this
house.
In this case it would be better if he had stated clearly to
his parents or they had stated clearly to him at the time of purchase that
the house was being bought in his name.
However we should advise both parties not to undermine the
good relationship between them; your father should not make this a cause of
spoiling the acts of kindness that he did for his family and they should not
not be harsh with their brother who helped them, spent on them and treated
them kindly. Is the reward of good anything but good?
And Allah knows best.
