Q. My elder brother was working as revenue inspector in India when the government decided to give free plots of land to poor people. At the time my father was retired, while my two elder brothers were looking after our large family. My elder brother obtained two separate plots but could not register them in his name. Instead, he registered one in my father’s name and one in my mother’s with the intention of taking the plots back from them later. After that my father died. My elder brother gave 25 percent of the land to my three sisters and kept the balance himself. Later, when I was in financial trouble, my mother sold the other piece of land with my elder brother’s permission and gave me its full price. Now I want to return it to my mother. Please let me know what share of it goes to my elder brother and what is my mother’s share. Is there any share to other brothers or sisters? My elder brother told me that he will give each of his four brothers a portion of one-sixth of the price and keep one-third to himself. He does not intend to give any share to our mother or sisters. Please comment.
Nurul Hassan
A. As I understand it, this is a case of loan, not inheritance. It appears that the two plots of land were recognized as the property of the reader’s brother. At no time were they considered to belong to his parents, although they were registered in their names. This registration was for convenience, perhaps because the elder brother was a government employee and he could not have them registered in his name. He also appears to have done well by his family, not only looking after them after the retirement of his father, but also giving his sisters a portion of the price of the first plot of land.
As for the second plot, the mother could not sell it without the elder brother’s permission. As our reader is returning the money, it is clear that this was understood to be a loan. Therefore, the money should be returned to the recognized owner of the land, i.e. the elder brother. If he is giving his brothers a share each, then it is very generous of him. He may decide to whom he gives his gifts. However, he is better advised to treat all his brothers and sisters equally. Since he has given his sisters gifts earlier, he should take this into account and give equal help all round. Moreover, if he is looking after his mother, he need not give her a portion, but if he gives her a gift, it is far more dutiful and would earn him good reward from God. As for our reader, he should return the money to his elder brother, but with his mother’s knowledge.
