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Claiming Money From A Gift After Death
Asalaam Aleikum,
I built and contributed 65% of the total construction cost of a house on a plot in the name of my late father (marhoom) in 1998. The property (house and the plot) stood in my father’s name when he was alive. After my father died the property was transferred in the names of all the legal heirs including myself (along with my mother, 2 brothers and a sister). The prices of same property in 1998 and today are vastly different (they have since appreciated). Kindly advise if I can take out the value of my original investment in the said property in the same ratio i.e. 65%, before the division of the residual value of the property amongst all the legal heirs as per inheritance law? If not, then how is this property to be divided as per Islamic law while keeping in view my contribution in the property?
Thanks and regards
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1 Reply
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Claiming Money From A Gift After Death
updated 3 years, 9 months ago
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If your initial contribution was as a loan then the inheritance should be distributed after the loan has been repaid to you. However, if there was no loan agreement then it was a gift. In that case the property solely belonged to your father and you have no claim over it other than your due share.
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