Saturday | 10 December 2022 | 15 Jamadiul-Awal 1444
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Fatwa Answer

Question ID: 1673 Category: Dealings and Transactions
My father plot

Assalamu Alaikum Wa Rahmatul Lahi Wa Barakatuhu,

Hazrat Sahab I want to ask about my fathers plot (2000sqft) which was bought by my father in 1985, now my uncle and aunty is saying after my fathers death that this plot belongs to them, they send money from Saudi Arabia. My aunty is my mothers sister and they both couples believed each others at that time.My father bought 1 plot separately for us to outer location from my grandfather house. After my fathers and mothers death my big aunty came from Saudi Arabia and saying give my plot back to us. My father was alive that time, He told her which plot are you asking, that is my plot you send money for this house (grandfathers house) to build means 60% big uncle money and 40% my fathers money and hard work labour for my father to build grandfathers house. But big uncle never came to India before. Only he send money, big aunty and my father fought each other. My father says to her that let me talk to my brother call him to saudia if he says he send money for plot investment in 1985 then I will give him full plot. But she refused to call big uncle from India. She said why I should call, Then she went back to Saudia then my father got sick with very serious illness of brain tumor. In that condition he told us that this plot belongs to us means my fathers children and the upper floor (grandfathers house) belongs to big uncle. After my fathers death big uncle and aunty both are coming now to india frequently that give my plot to us. Why they not come when my father was alive. Plots registry belongs to my fathers name. Big aunty told us plot registry belongs to her sister name means my mother. But she was proved liar because registry is on my fathers name. As per relatives big aunty is involved in black magic things. Now she is saying you all are my children divide the plot in 2 parts. We are 2 brothers and 2 sisters. So I decided to give half plot but my sisters are not agree to give her that this plot belongs to my father it is for us why should we give to her. Thanks. Mohammad Adnan Siddiqui

My late father : Mohd Imran Siddiqui, My late mother : Moina Khatoon, Big uncle : Mohd Anwar (Annu) Sultan, Big aunty : Naseera Khatoon, Late grandfather name : Mohd Sultan 

بسم اللہ الرحمن الرحیم

الجواب وباللہ التوفیق

On the basis of the accuracy of the question, the demand of the aunt and uncle is unfair.The house built by the father will be counted as the father's only. Since he has passed away, his heirs will be legally entitled to it. The position of your sisters is correct in this regard.

However, if there is any evidence or witnesses available to the construction or the purchase of this house by or for the uncle, then the nature of the issue will be different. You may ask again by specifying further details if any.

فقط واللہ اعلم واتم