Inheritance disputes should be referred to an Islamic court Fatwa No: 246124
- Fatwa Date:4-4-2014
Asalam Alaikum I am the Eldest person in my family with two siblings, being not only eldest I supported my family with wholly hearted by financial and physical. 1-I helped my father before and after his death up till 1986 carried out my duties and responsibilities of my Mother, Brother and Sister. 2- When My Father passed away I was 20 years as eldest daughter with lingering property case and financial debts etc... 3-Single handedly I ( eldest daughter ) with my mother resolved the father property case without any financial support from my younger siblings ( brother & sister ) at that moment they said they are not interested and not going to share with in such struggles, hardships and skips from their duties at least towards our mother also. 4-My mother also passed away in 1993 without any will after my marriage since then I took whole responsibilities of my siblings ( Younger Brother and Sister ) who need much support then any one else and by me only. 5-Later I performed my siblings marriages with financial and materialistic help of my husband who is in Saudi up till now. 6-Our Family business was shut down after their marriages as they were not much interested and eager to continued. 7-But only with the help of my husband financial and materialistic support I alone build the whole property and taking care of its maintenance till date. 8-Prior to the younger siblings marriages they verbally said they have no interested in the father property which need all of us to spend a lots of money but now they are demanding division of the property without any share with myself since my father and mother died. 9-How to divide our father property in my case for which I spend a lots sum of money and time. Our Property is Residential property we all three are sharing in it since I completed construction. 10-Important issue my brother already registered some part of the property in his name without informing me which I came to know when I went to pay property tax.
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.
Issues of inheritance and disputes are complex issues regarding which one should not rely on an online Fatwa alone. Instead, one should refer to Islamic courts, if available, or verbally ask scholars of Islam about it. The issue you are asking about is one of such cases.
Before answering your question, we must know whether or not the heirs have authorized you to represent them for this matter of inheritance, and whether or not you intended what you had spent on the construction and maintenance of the property to be a donation. If it was a donation, then you are not entitled to ask for it back.
As regards your brother registering some of the property in his name before the division of the inheritance and before all the heirs approved of it, then this is an invalid action and it has no legal validity unless all of the heirs approve of it.
In brief, this case should be referred to Islamic courts, if available, or discussed verbally with Islamic scholars, unless all the heirs agree among themselves on how to divide the inheritance and about what was spent on it.
Allaah Knows best.