The ruling on constructing a house in a joint family using one’s personal funds.

Respected and Honorable Mufti Muhammad Naeem Sahib, Principal and Sheikh-ul-Hadith, Jamia Binoria Alamia, Karachi. Assalamu Alaikum Warahmatullahi Wa Barkatuhu! We kindly request your guidance, according to Islamic Shariah, regarding the following issue: Some immovable property was purchased in my father’s name with the earnings of my business. Later, I obtained the power of attorney from my father and transferred a portion of that property to my two sons. Against this transfer, five out of my six brothers filed a case in court. At that time, my mother was still alive, and we had no sisters. In the course of proceedings, under the supervision of our eldest brother, all of us brothers along with our mother appeared in court. Our eldest brother voluntarily relinquished his share and submitted a written statement to the court on 19/02/1990. Consequently, by mutual settlement, the property was divided among us five brothers, while our mother did not claim her share. Now, that elder brother has passed away, and his wife and two daughters are demanding a share in this property as inheritance. Based on the facts mentioned above, are they entitled to this share or not?
Wassalam

الجوابُ حامِدا ًو مُصلیِّا ً

If the aforementioned property was indeed purchased by the inquirer with his personal funds, and he registered it in his father’s name merely out of respect, without granting him actual ownership, possession, or the right of disposal and moreover, if he had already obtained a power of attorney from his father before any exercise of ownership then in such a case, the entire property belongs to the inquirer. He has full authority to manage and dispose of it as he wishes, and neither his brothers nor anyone else has any rightful claim over it. However, if he voluntarily gives a portion of it to his brothers or their children as a gift, he will be rewarded for that act.

مأخَذُ الفَتوی

کما في الفتاوى الهندية: ومنها أن يكون الموهوب مقبوضا حتى لا يثبت الملك للموهوب له قبل القبض اھ (4/ 374)۔
كما في الدر المختار: (وتتم) الهبة (بالقبض) الكامل (ولو الموهوب شاغلا لملك الواهب لا مشغولا به) والأصل أن الموهوب إن مشغولا بملك الواهب منع تمامها، (5/ 690)۔
و في شرح المجلة: كل يتصرف في ملكه كيف شاء.... لأن كون الشيء ملكاً لرجل يقتضى ان يكون مطلقاً في التصرف فيه كيف ما شاء (المادة ١١٩٢ ج: ٤ ص: ۱۳۲)۔