Monthly Rent from Inheritance not Being Divided Properly
Fatwa No: 462796

Question

Monthy rent from Inheritance not being divide properly,all heirs werent consulted,im trying for months to set it right,bt no one listen toMe,uncle dosnt tell me how much is total amnt recieved,i dont've access to it,he deny to give documents.idont know what my share is,i recieve a certain sum monthly, im trying bt until its fixed i need to depnd on smthg to live,can i use this amnt.

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

It is impermissible for your paternal uncle to conceal the heirs’ rights or prevent them from taking them. In case he insists on his injustice, you should report this matter to the court to issue an order so he can no longer have control of the heirs’ rights, and thus every one of the heirs would be able to take his own share. As for the money he gives to you as part of the rent, you are not blamed for using it; however, in case it is proven later that the share given to you is less than your Sharee'ah right, you have the right to claim the rest from him. But, if it is more than your due share, you have to return the extra amount to the heirs.

Allah knows the best.

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