Im Eldest Son with only one sister elder to me and Four Brothers younger to me. I ve been married for 12 Years and by Gods Grace we have got a daughter after 10 years of marriage everything was fine till our daughter was born myself and my wife were greatly respected by my younger brothers and their wives in return we care for their kids like our own. One year before my daughter was born my father expired, we have our business and in my fathers lifetime he gave seperate business to my two brothers and other two were still studying when my father expired.
Our business had lots of creditors including banks total to the worth of Rs 35 Lakhs to Bank and 32 Lakhs of business creditors. One year before his death my father handed over business completely to me including the creditors and business was in loss.
I managed and handled all the creditors and even married my yougest brother and spent everything from my business only.
Say 11 months back there was a quarrel among my wife and mother and things turned worse when my younger brother also got involved and all my brother and mother got united and asked us to leave the house at once we anyhow objected as the house is registered in name of my father, then a meeting of elders was called and then it was decided that a house may be parted and i was given my share, then when we started construction then my brother objected that elevation of house is getting spoilt so they stopped and didnt allow to continue construction. then i requested my elders to interfer and my mother and brothers do not care about them. Then I asked my elders to atleast ask my mother to clear the bank and other laibilities by selling the business property of fatcory building so that what ever i have spent and manged for so long is not wasted. The business premises where i had factory is purchased by my father in name of my mother.Then my mother under guidance of her son in law refused to sell the property and clearly said we will sell the house we were staying and clear all the debt and will not sell the factory building as this is her property and creditors are of those of her husband so she say to sell the house and clear our fathers debt and rest may be divided amongst us.
Unable to bear the torture by my mother and brothers myself and my wife with my daughter left home and took all my machinery to bangalore and staying in bangalore for nine months now. Today she had sold the factory building and repayed the bank and is now refusing to clear the creditors saying the creditors are my responsibility and even sent some creditors to bangalore giving my address. Now Im homeless and she clearly says she will not clear the creditors and they will not even allow us to come in to my fathers house. Is there any legal remedy for this problem as per islamic law
ANSWER: Wallekum As Salaam!
If what have said is true and only the Almighty Allah knows the truth, you can inform all the
creditors that that the business and factory, house everything was/is in the name of your late
father and surviving mother and they can follow up with them with regard to repayment.
And legally the creditors will not have any rights to reclaim their debts unless you have
signed any documents personally indemnifying yourself against those debts.
However, my sincere suggestion is before taking a decision as above, call a meeting among you
all including your mother and brother in law to settle the issue amicably i/o washing the
dirty linen in the public.
If better sense do not not prevail over others even after you inform them that creditors will
come after them once you prove your insolvency legally to the creditors, then you can chose
the above option.
May the Almighty Allah have mercy on us to forgive our sins and guide us all tot he true path
of Islam as per the Koran.
---------- FOLLOW-UP ----------
Do I have any right in the property which my mother sold and is there no sharia law which protects my interest instead of going through the long and open legal system wherein i need to even bring my mother to court which my heart is not permitting me what should i do???
Wallekum As Salaam!
If the property belongs to her then it is her wish to give to all her children or not., the Islamic injunction on property rights arises only if the will is not their and the parents or spouse or single siblings leave behind any property or valuables.
May the Almighty Allah have mercy on us to forgive our sins and guide us all to the true path of Islam as per the Koran for rest of our life.