Dought & clear,- Does he have the right to take possession of a house that was bought with his money that he used to send to his mother?.

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My grandfather had 9 children and he migrated from india with poor
means. My father was third eldest son .Due to The sudden death of my
grandfather, my father left for dubai,stayed there for 12years , sent
all money except that was needed for our sustenance, to my
grandmother.My older uncles were in no position to financially support
there mother or siblings. As all my uncles and aunt got good education
and were married off , my grandmother wished myfather to return and
own the house which was purchased on installments by my grandfather a
few months before his death but the 4 yearly installments were paid
after that for more than 12 years by money sent by my father. She
wanted this as my fatherhad no savings for his own family after a long
tenure in middle east , she made this known to her sister in laws and
a few other senior members of family . She died before my father could
return to pakistan. The property was still half paid for , my father
lived for next 12 years orso in middle east , completed the
installments and started the paperwork for the transfer of documents
tohis name from that of my grandmothers . At the time of her death the
my uncles and aunt have agreed that her wish was justifed and they had
no problems with it but as the papers were completed for transfer a
few of them objected that the property belonged to their father ,then
mother so it should be distributed among all . My father was not keen
to keep it for himself earlier but as they all have agreed on it , he
had been counting the property as his own . RIGht now the amount has
increased to 6 fold inprice . What should he do ? My uncle and aunt
claim that since he was out of country and couldafford to pay , this
does not mean he was the sole heir , which is true but why did they
earlier gave the impression thatthey wanted to honour the wish as she
was being just too her son . Should he distribute the money among all
, whichwill be a lot of money actually.
Praise be to Allah.
Undoubtedly what your father did of helping his parents and siblings
and contributing to the living expenses even though he was overseas
and far away from his children was an act of great kindness and a good
deed.
From the question it seems that what your father did was to help the
family with their living expenses, then he sent money with which this
house that is the subject of the dispute was bought.
It may be said that in this case one of the following two scenarios must apply:
1.
Either he sent this money with which the house was bought as an act of
kindness to his parents and upholding ties of kinship with his
siblings and helping them, voluntarily giving the money that he sent
to them. In that case the house is to be included with the estate and
is to be divided among all theheirs in accordance withthe laws of
Allah, because he gave up his wealth by way of giving a gift, so he
has no right to take back his gift. Andyour father will be rewarded
abundantly byhis Lord.
Al-Bukhaari (2067) and Muslim (2557) narrated from Anas ibn Maalik
(may Allah be pleased with him) that the Messenger of Allah (blessings
and peace of Allah be upon him) said: "Whoever would like his rizq
(provision) to be increased and his life to be extended, should uphold
the ties of kinship."
2.
Or he was sending this money for them to take whatever they needed,
and whatever was left over after spending on his family remained his
property, so the house that was bought is the property of the owner
ofthe money, because he isthe one who paid its price, and his father
and mother acted as deputies for him in transferring this
leftovermoney to buy this house.
In this case it would be better if he had stated clearly to his
parents or they had stated clearly to him at the time of purchase that
the house was being bought in his name.
However we should advise both parties not to undermine the good
relationship between them; your father shouldnot make this a cause of
spoiling the acts of kindness that he did for his family and they
should not not be harsh with their brother who helped them, spent on
them and treated them kindly. Is the reward of good anything but good?
And Allah knows best.