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Property laws

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

 assalamualaikum, we are three brothers,me and my elder brother had bought an house..we 
 demolished that and built our own house on that,we both built ground floor on that ,then my small  brother also contributed money in building the first and second floors,so we also included him in  the property by promising him verbally(not on any document)..he also gave his share of money  for the ground floor in installments later on..but the complex is registered in the name of me  and  my elder brother only till date,my question is that i have heard that according to islam a person  cannot build on someone elses property( which my small brother did ) and now me and my elder  brother can give him back the money which he gave in building the complex and then he wont  have any share in this property...is this allowed?(please remember that me and my elder brother  had promised him that we would include his name also in the registry,my elder brother promised  him so because he had taken some money loan from my small brother,but on the contrary i  included my small brother in the property without any personal benefit).

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Answer:

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Brother there is no restriction whatsoever, if one agrees to build on a structure whilst the land is in another persons name. Everything depends on the agreement between the parties, whether verbal or written.
 
You all are brothers, and if you had verbally agreed to include the 3rd. brother in the property papers after he had built his structure and paid you for the ground floor too, then technically and legally you should include his name in the title deed. Allah swt is the giver of all rizq, and it does not behove of a believer to fall back on his word.
 
The right thing to do as per the verbal agreement and include his name in the title deed. Do not seek avenues not to include his name. The currency in this world is money, in the hereafter if you have violated your brothers right the currency will be deeds. You will have to give him an equivalent amount of your good deeds or take his bad deeds into your account. So fear Allah swt and immediately keep your word.
 
May Allah swt guide you aright.
 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Members of Islamhelpline


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