Fatwa No : 82544
claiming ownership of a house purchased with personal funds by other brother

claiming ownership of a house purchased with personal funds by other brother

Respected Mufti Sahib,Jamia Binoria, Site, KarachiAssalamu Alaikum! What does the esteemed scholars and respected muftis say regarding the following issue:
(1) After separating from my father, I purchased a house and constructed it entirely with my personal expenses.
(2) There was another property that belonged to my father. He allowed me to build on it, and with the consent of both my father and mother, I constructed a house on it using my personal funds. I later assessed the market value of this house, and it amounts to 1,300,000 rupees.
My question is: Do my brothers and sisters have a share in these properties or not, considering that I financed both constructions from my own money?

Note: Regarding the plot on which I built with my parents' permission: they never formally transferred ownership or gave me full legal possession. Rather, due to lack of space in the previous house, they only permitted construction to ease accommodation. At that time, my father had retired from business, and both of my brothers had separate businesses and cooking arrangements. Each brother continued to serve the parents according to his capacity. Moreover, regarding the construction expenses, there was never any agreement on whether this amount would be considered a loan upon the father or not. Alhamdulillah, both parents are still alive.

الجوابُ حامِدا ًو مُصلیِّا ً

Assuming the question is accurate, the mentioned expenses by the questioner are considered cooperation with the parents and a personal act of generosity and benevolence on his part. However, the house that he built separately with his own personal funds after becoming independent is solely his right, and it is not correct for anyone else to claim a share in it.

مأخَذُ الفَتوی

ففی شرح المجلة: واعلم ان المراد بالقبض الذی تتم بہ الھبة ھو القبض الکامل وھو فی المنقول ما یناسبه و في العقار ما یناسبه اھ (۳/ ۳۴۵) -