Submitted by admin on Sat, 2012-11-03 06:59
Q: My father bought a property in 1984 in just Rs 40000. Of this 40000, 20000 was given buy his elder brother. The selling deed contains only my father’s name. For all of his life my father said us that the property solely belongs to him and he has just taken help from his brother. We are staying there. My father and we worked hard to maintain the property. My father invested a lot in 1990s and 2000s to repair it. Of course this time also he took help from his same elder brother. In 1999 my father’s elder brother wrote a letter in which he wrote that 50% is yours and 50% is mine. In reply to this letter my father wrote him that “why did you write all these in letter. If u had asked me I wud have given u full. But now my wife is angry with me.” However my mother always said to my father “if possible give me a small house but of yours”. In reply to this letter of my father, his brother wrote that “I have written all these only to show to my wife.” Then again in 2006 my father’s brother told I have gifted u the property (verbally). In 2009 my father died. Now in 2012 my father’s brother is again telling us that 50% of the property belongs to him because according to him on the selling deed of the property there is written on letter “I”. And he is telling that this was my name and my mother has done something to erase his name. However there is no role of my mother in all the external works of house. And at the same time when it was asked to him that when he gave 20000 to my father did he gave with this intension that 50% share will belong to him? He said no there was no such intension; I had given to my brother without any intension. The current value of the property is 15 million. Now my question
- Is my uncle 50% owner of the property according to sharia.
- If yes (Q1) then can we claim any maintenance charge from him and how much.
- If no (Q1), do we need to give back the money he gave to my father.
- If yes (Q3), what amount of money we should give.
- Please do tell if any other thing which is important which we should know in this regard and I haven’t asked.