Ownership of a house where children gave money to the father to purchase the house
Q: My father bought a house 17 years ago. In buying that house, my brother and sister also gave some money.
Later my brother made a third floor for that house and inveested money for renovations. The house is on my mother's name.
Recently both my parents have passed away. We are one brother and six sisters.
I want to know, do we have to divide the house according to Shariah because it had money of my sister and brother also and if yes, how to do that.
A: It should be ascertained whether your brother and sister gave the money to your father as a loan to buy the house or they merely gifted him the money and assisted him to buy the house or your father, brother and sister all jointly purchased the house. The Sharee ruling in all three situations will differ:
1. If they gave him the money as a loan, then the entire house will belong to your father and they will only be entitled to taking back the loan amount from your deceased father's estate. Thereafter, the house will have to be distributed among all your deceased father's heirs according to their stipulated shares of inheritance.
2. If they merely gifted him the money and assisted him to buy the house, then they will not be entitled to take back the money they had gifted him.
3. If the house was bought jointly by your father, brother and sister, then the house will belong to all of them according to their proportionate contribution. In this case, only your father's share of the house will be included in his estate and will have to be distributed among his heirs according to their stipulated shares of inheritance.
And Allah Ta'ala (الله تعالى) knows best.
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