Partnership: Dividing Joint Family Property When Prior Commitments Were Not Fulfilled

Practical Laws of Islam as per the teachings of Imam Khamenei

Partnership: Dividing Joint Family Property When Prior Commitments Were Not Fulfilled

English:

Question #1692:

Four brothers live of a jointly owned property. Two of them got married and undertook that each would be responsible for bringing one of the younger brothers up and bearing the expenses arising from his marriage. However, neither kept his pledge. The younger brothers now want to have their share of the property and live independently. How should they go about distributing the possessions between themselves?

Answer #1692:

The elder brothers should compensate any amounts that have been spent of the jointly owned property, which the other brothers did not equally spend. They [i.e. the younger brothers] have the right to demand compensation. Then the remaining amount of the jointly owned property should be distributed equally among all the brothers.
Another way of distribution would be that each of those brothers, who have spent less than the others, should take an equal share of the property to be put on a par with those who have enjoyed spending of the jointly owned property. Once this is done, the remaining amount should be distributed equally between them.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Partnership