Inheritance problem

Q:

Brother A sold a property in India and forged his younger brother B signature. When brother B came to know about this, he went to India to stop the transfer of the property. Brother B had to engaged a lawyer in India to stop the transfer and therefore had to incur expenses i.e. legal fees, airfare etc. We do not know at what price the land was sold but he did give all the inheritors what was due to them. The buyer is prepared to compensate brother B because he needs his signature to take transfer of the land. Recently brother B sold a property in UK and the money will be distributed to all the heirs. Brother B wants to deduct his India expenses from all the heirs from the sale of the UK property. I want to know if brother B is entitled to do this as the buyer of the India land is prepared to pay him a substantial amount, taking into account that that he gained from the disputed land.

A: If it was with the consent of the heirs then he can deduct it.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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