Dispute in property.
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:
My father and paternal uncle had owned the shop and willingly made a paternership on their name and even a adopted brother(adopted by my grand mother, he was son of my paternal aunty`s first husband who expired and before marrying her to another man my grand parents adopted her son). But due to conflicts when we were small the shop was taken by adopted paternal uncle by force and the deed was broken and pre-written on his name only. my question are
1. He is adopted brother, the shop was of my father could he have his share in that.
2. can we claim that shop?
3. what is the share of adopted son or brother in property?
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Dispute in property
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Your Question-1: He is adopted brother, the shop was of my father could he have his share in that.
Respected sister in Islam, if a property dispute case is presented before a Shariah Court (or any Court of Law for that matter), the Judge will look into and give his judgment based on the legal documentation presented to it. If, as you say, your adopted paternal uncle had the title-deed of the shop re-written on his name, and if that document is legalthen the court of law will obviously consider the one whose name is mentioned on the title-deed of the property as the legal owner of the property.
Your Question-2: can we claim that shop?
If you believe and can provide sufficient evidence to the court that your adopted uncle fraudulently changed the title-deed of a property which legally belongs to your father..then indeed your father or his legal heirs have every right to claim ownership of the property in a court of law.
Sahih Al-Bukhari Hadith 9.97 Narrated by Um Salama
The Prophet (saws) said, "I am only a human being, and you people have disputes. Maybe some one amongst you can present his case in a more eloquent and convincing manner than the other, and I give my judgment in his favor according to what I hear. Beware! If ever I give somebody something of his brother's right, then he should not take it as I have only given him a piece of Fire."
If, as you claim, your adopted uncle has unjustly usurped a property which legally belongs to your father, and even if he has managed to obtain the necessary legal documentations to prove ownership of a property which does not actually belong to him..it is possible that your adopted uncle might be able to get away with his blatant theft and injustice in the courts of law of this world, but rest absolutely assured sister, he will never ever be able to get away with his injustice and fraud in the Court of the Lord Most Majestic on that Inevitable and Tumultuous Day of Judgment!
Your Question-3: what is the share of adopted son or brother in property?
Although a real brother is considered a legal heir of the deceased in Shariah, the brother will only receive a share of the inheritance of his deceased real brother if and only if the deceased is not survived by his father or a male off-spring. If the deceased is survived by his father or a male off-spring, the brother of the deceased will not receive any share from the property of his deceased real brother.
Adopted sons or adopted brothers have absolutely no share in the property of their deceased adopted parent or adopted brothers in Shariah Law.
Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,