HELP! STICKY SITUATION! IN LAWS!

[babymagic2022]

Salaam,

Recently, my BIL married and moved out of in laws into their old family home. He has been paying rent to MIL accordingly.

The issue is that old family home is in my husbands name and it's come to his attention that his brother is intending to stay there long term. He thought his stay was a temporary thing.

He has now had the house valued and plans to sell it sooner and not later. His reasoning for this is that, if they have a child, it will be in very bad taste to remove them when they've just started a family.

My husband has had the house in his name for years and years, but in laws took the rent in exchange for him living in their current home and not contributing towards bills.

The issue is that sale of the house, would make us the black sheep of the family and I don't want to jeopardise our relationship with BIL and his wife and the rest of the family either.

My husband insists that had the shoe been on the other foot and the house was in BILs name, he wouldn't split the sale with my husband. So my husband said it's his property, in his name and he doesn't want to do an even split. He says he will give10 percent of the sale of the house to him, as a gesture of goodwill and to keep ties. He says that my FIL confirmed he could sell it, when he needs to a few years back.

The only thing I could think of was to make the balance equal in getting my FIL to transfer his unit into BILs name as it's not right to leave one son an asset and the other with nothing. But that the value of the unit needs to be equal to the value of the house .

He was on board with this idea but is unsure FIL will accept it.

Please share advice on how we can save our relationship with BIL and rest of the family.

My advice as a non-muslim desi would be to keep out of it and don’t give any guidance because then you will be blamed either way. If this is DH’s property from his earned income then he can do with it what he wants. If he wants to sell it fine, let him sell it and keep the money.

in islamic inheritance, fair split is very important. does your DH have any other siblings?

if this house is dh's property, purchased by him - then he can do as he pleases. but really he should have spoken up before bil moves in. islamically, he should have a discussion with bil re moving and not just impose it without consultation. and it is important for him to be kind to his brother while maintaining his own boundaries (I.e. selling if he really wants to)

if the property was given by in laws, a proper discussion needs to be had with all siblings re inheritance and best way to go about it. it is advisable to consult a proper islamic inheritance scholar (not just local masjid imam) re the best way to split. it is a fairly significant sin to not will property correctly.

It’s not completely clear from your OP - did your husband buy the house himself with his own savings or was it handed to your brother by his parents?

This is what was originally considered. Basically the house in question was purchased by my FILS dad. Who then gave it to FIL, who then gave it to husband.

Husband did not purchase the property. And now wishes to keep it and sell it. When I raised that argument with him about speaking up BEFORE he moved in. He told me that his BIL was supposed to be there temporary but is now making plans to stay there and one day own the house.

Husband has spoken with the original purchaser, that is to say his grandad and his grandad is on his side.

This is why I proposed that if this is the route my husband wishes to take, then BIL needs to have an asset of equal value. Which would be one of my FILS properties either here or back in the motherland.

He seems to think that since the property is in his name, it's his Islamic right entirely, since it was a gift to him. Since last night, he's come up with another solution. To sell the property to a landlord and keep them in there as tenants.

Gifted to him by parents. Original purchaser was the grandad who gifted to FIL and FIL gifted to husband.

It's all a palava.

I suggest you consult a shariah council that deals with islamic inheritance

the whole thing is a mess. your FIL should never have given the property to your husband in the first place without due consideration.

Your dh is greedy as anything. He is morally corrupt person for basically trying to do one on his own brother.
Islamic inheritance rules are very clear had the shoe been on the other foot and younger bil got a property and dh nothing would dh have stood for that?

You know its wrong that's why your asking. Don't encourage him in this stance he literally will tear the family apart for money and seems happy doing so.split it fairly. He is nit his father's only son and fil may never have intended dh to sell it like this and pull a quick one over his sibling. Seriously disgusting behaviour.

Hi,

He just seemed to believe that since the house was his gift and his dad told him he can do as he pleases with it, that he has a right over it. This doesn't make him morally corrupt.

He also helps out his parents more than BIL ever has. He has also done more for BIL than BIL has ever done for him.

Because the house was gifted to him, he believed that it was his for the taking. If the house had been in BILs name as a gift to BIL, he wouldn't have done anything, except try to secure one of my other FILs properties, rather than fight with BIL for his gift.

I have since researched and seen that islamically, it's wrong to favour one child with a gift and not the other. This was a mistake my FIL made. As I stated earlier, the only encouragement I have made, is to even things out, even more so since I found this out. So FIL now needs to transfer a property in BILs name of equal or higher value to sort out this mess.

I told my husband what it means islamically and he will be speaking to my FIL about this. He's let MIL know and she's in agreement. They want to sit down with both sons and FIL.

Obviously, my BIL may even have feelings of resentment for FIL for not leaving an asset in his name. So it is now imperative that happens. It seems the only sensible way forward.