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Inheritance issue (Bank loan)

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  • Inheritance issue (Bank loan)

    Asalamu Alaykum Warahmatullah. (This case is fictive)

    A man dies, he leaves behind him no family except 2 sons.
    He also leaves behind a house, he took a loan of 200.000 pounds for the house when he first bought it. So this is his debt.
    The house is now worth 600.000 pounds, since there has been a market increase since then.

    But son A tells son B that he has already paid the 200.000 debt, and thus the 600.000 pounds house belongs to him.

    What does the shariah say concerning this?
    Sisters don't rep or joke with me.

  • #2
    Re: Inheritance issue (Bank loan)

    ...
    Last edited by wifeseeker; 18-02-15, 12:08 AM. Reason: old

    Comment


    • #3
      Re: Inheritance issue (Bank loan)

      Originally posted by wifeseeker View Post
      Wa alaikum asalaam wa rahmatullah.

      Is there still outstanding debt on the house?
      Does son A have evidence he has singlehandedly cleared the 200,000 debt?
      There is no more debt in the house, and yes there is clear evidence in his bank transactions etc. that he paid the debt.

      Theoretically he could have thought that if he cleared his fathers 200.000 debt then he could sell the house for 600.000 and thereby earn 400.000. While person B doesn't get any share.
      Sisters don't rep or joke with me.

      Comment


      • #4
        Re: Inheritance issue (Bank loan)

        ...
        Last edited by wifeseeker; 18-02-15, 12:09 AM. Reason: old

        Comment


        • #5
          Re: Inheritance issue (Bank loan)

          ...
          Last edited by wifeseeker; 18-02-15, 12:09 AM. Reason: old

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          • #6
            Inheritance issue (Bank loan)

            I would have thought that they sell the house.

            Son A who paid 200k and has proof gets his money bacj first.

            The remaining 400k is split 50:50 between the two.

            Son A gets 400k total
            Son B gets 200k total

            Comment


            • #7
              Re: Inheritance issue (Bank loan)

              There has not been written a will in this case.
              The link you sent didn't answer the question.
              Sisters don't rep or joke with me.

              Comment


              • #8
                Re: Inheritance issue (Bank loan)

                ...
                Last edited by wifeseeker; 18-02-15, 12:09 AM. Reason: old

                Comment


                • #9
                  Re: Inheritance issue (Bank loan)

                  Originally posted by wifeseeker View Post
                  Son A should look into it by sitting with a Sheikh if he feels cheated.
                  JazakAllahu Khair for trying to answer.

                  You asked me some questions which made me think as if you had knowledge in this matter. I wasn't expecting someone without knowledge to answer my question, I was waiting for someone who knew a fatwa on this matter or a learned brother (sheikh) to reply. So it is better to wait for a proper reply instead of pressing it I think. JazakAllahu khair honoured brother.
                  Last edited by Abu-Yahya; 07-01-15, 08:36 PM.
                  Sisters don't rep or joke with me.

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                  • #10
                    Re: Inheritance issue (Bank loan)

                    Brother you can ask the question to brother Darul Ilm.
                    [B][CENTER]Please keep me in your Dua'a. in'shaa'Allah ![/CENTER][/B]

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                    • #11
                      Re: Inheritance issue (Bank loan)

                      1 year bump.
                      Sisters don't rep or joke with me.

                      Comment


                      • #12
                        Re: Inheritance issue (Bank loan)

                        The way I see it. There are a couple of factors and questions.

                        - Did Son B agree that Son A would pay of all the debt and be compensated from the property? (Even then he's only entitled to 400k not the whole 600k)
                        - Did Son A clear the debt for his father's sake or for the sake of acquiring property?

                        If Son B did not agree to any terms before or after Son A cleared the debt then the split is 300k and 300k. This is because Son B never asked Son A to clear the debt, that was a decision Son A made alone.

                        It's best to ask a scholar, but that's how I see it.

                        Comment


                        • #13
                          Re: Inheritance issue (Bank loan)

                          Originally posted by Abu-Yahya View Post
                          1 year bump.
                          ask Darul Illm
                          "There will never cease to remain a group from my Ummah fighting upon the command of Allah, subjugating their enemies. They are not harmed by those who oppose them, until the Hour arrives".

                          Comment


                          • #14
                            Re: Inheritance issue (Bank loan)

                            I am curious about the outcome of this and what is the official ruling. I paid 2/3 of my parents mortgage to ease my father burden. Then my brother paid 10% (1/8) of the price because my parents wanted me to save money for my marriage. Although I paid the mortgage to help my parents, I would still be hurt if my brothers split the property among themselves and give the sisters 1/3 without taking into account my contribution. I would fight for it but I would feel its injust. This not only discourages people from helping others but it always makes good deed seem pointless. So I am curious what the Islamic ruling is.

                            I like the suggestion, give the $200K back to the brother who paid for it and then split up the profit

                            Comment


                            • #15
                              Re: Inheritance issue (Bank loan)

                              Originally posted by Kya View Post
                              I am curious about the outcome of this and what is the official ruling. I paid 2/3 of my parents mortgage to ease my father burden. Then my brother paid 10% (1/8) of the price because my parents wanted me to save money for my marriage. Although I paid the mortgage to help my parents, I would still be hurt if my brothers split the property among themselves and give the sisters 1/3 without taking into account my contribution. I would fight for it but I would feel its injust. This not only discourages people from helping others but it always makes good deed seem pointless. So I am curious what the Islamic ruling is.

                              I like the suggestion, give the $200K back to the brother who paid for it and then split up the profit
                              I understand your point of view. However, you paid off the house for the sake of your parents. Your brothers or sisters never told you to pay this off, you chose to do so and Insh'Allah your reward is with Allah.

                              With all due respect if you wanted a "fair" split you should've asked your brothers to contribute towards the mortgage (it was not your responsibility but rather your good character). However if they could not do so, then it was your choice whether or not to ease the burden, however this was YOUR choice, this was not ENFORCED upon you. Hence you can't just compensate yourself from your siblings' inheritance. UNLESS, you made an agreement with your siblings that when the time for inheritance comes then they will compensate you due to the fact that you paid 2/3 of your parents' mortgage.

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