According to Madhhab:
1) i have a
building made in 1948, made by my grand father who is dead ,he has 6 sons(my
father and 5 sons) and 6 daughters. Now my father wants the building on his
name by giving some amount to those who are heirs of deceased grand father(6
sons and 6 daughter). There are two options: -
(1) If the heirs want the full amount of this building which was made in 1948 and
every one has as on average passed 55 years of their life in this building ,as
freshly made property, according to this, 55 years will be counted as rent and
will be deducted
form the price of the property on a monthly basis,and the price left will be given
and their names will be removed.
(2) If they want the price of old property, then the price of the land will be counted
as (according to government Jantri price ) and would be counted as market price
, the price of old bricks and clay will not be counted because only land and
wooden material is sellable ,not old brick and clay bricks joined, except
as debris to fill land. The price of the land and wooden material will be given and
the names of heirs will be removed and the buildng ownership will be transferred on my
Jantri meaning: Jantri is a legal document which specifies the land and
buildings at a particular time. The government of Gujarat fixes the unit rates
of land or building in the state from time to time.
question is, which option is valid according to sharia law, or are both options valid? orOtherwise, what according to shariah could be done to
transfer the property to my father's ownership?
After your late grandfather’s demise, his 6 sons and 6 daughters have inherited and become joint partners in the building as stated in the query. If your father now wants to purchase the shares of the remaining heirs and become the sole owner of the building, the methods of evaluating the property as you have outlined in the query are not specifically mentioned in Shariah. Each heir is free to sell his/her share of the property at any price as long as the buyer and seller/s are happy to conclude the deal at a stipulated price. There is no need to follow any of the methods mentioned by you in stipulating a price.
By the seller selling his portion of the property and the purchaser buying it, the deal will be considered to be concluded and done. The owner will now be considered as the owner of the portion that he purchased, in other words legal transfer is not a requirement to be considered as the owner of the property, as is a requirement in secular law. The legal procedure of transferring the property can later be carried out by any attorney or conveyancer.
AND ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST
ANSWERED BY: Mufti Mohammed Desai
CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B
Date: 27 Dhul Hiujjah 1440
English Date: 29 August 2019