Fatwaa ID: 1805

Question:
Assalamualaikum.

A man passed away about two years ago, leaving behind 8 daughters and 1 son.
His one daughter used to live with him and take care of him. This daughter has continued living in that house after the father’s death.
All the daughters do not want to sell off the house, so they have all gathered their personal money to pay off the brother his rightful share of the value of the house. He is now demanding that the sister who has been living in that house since the father passed away, pay rent for all the months she has been living there, and he be given his share from that too.

Is he rightful to demand this?

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

May Allaah Ta’aala elevate his status in Jannah and grant the family sabr jameel.

We take note of the details of your query. The estate should have been distributed much earlier upon the demise of the father. Nevertheless, if there was no rent agreement with the sister in question from before, then she cannot be charged anything now for the previous months. The brother’s demand would not be rightful. He would be oppressive in his claim. He is only entitled to his share of the estate.

It should be noted that the entire estate forms a whole. It is not necessary to give every heir a percentage of every asset. The value of each share will be considered.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

03/16/1445 AH – 10/02/2023 CE | AML1-8346

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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