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Fatwa CenterHis father had paid the down payment of his house
Question
My father is alive. 20 years ago in 1991, he bought a house for US $150,000 in USA with $30,000 down payment and rest as loan. I have been living in this house since then. I paid off the loan in 2004. The house is in my name and my father lives with me. I asked my father how I can repay him the US $30,000 down payment he made at the time when house was bought. He told me that I do not have to pay this money back and can keep the money as a gift from him. I have 1 brother (40 years old / Divorced) and 2 sisters (46 and 45 years old / both married with childern). Am I obligated to distribute the US $30,000 among my brother and sisters according to inheritance law of Sharia on behalf of my father, if my father dies before me? I am 49 years old and married with two daughters.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
First of all, may Allaah reward you for being keen on doing good deeds and seeking what is lawful.
As regards what you mentioned, then if your father had told you that you could keep the money as a gift from him, then this is a gift with which he favored you over his other children, and in principle it is forbidden for a father to favor one of his children over others when gifting them according to the most preponderant opinion of the scholars unless there is a sound reason for doing so as the Prophet said: ''Be just between your children when gifting them.” [Al-Bayhaqi]
Therefore, if there was no sound reason for your father favoring you, then you should not accept this gift from him, so you should give it back to him unless your siblings agree to it. Hence, you may agree with your father and your brother and two sisters on dividing the 30,000 amongst the four of you (you and your siblings), and it is better to divide it equally amongst the males and females as it is not an inheritance. By doing so, you would achieve justice, equity, keeping ties with kinship, being dutiful to your father and being kind to your siblings.
It should be noted that the father selling the house or anything else to his son, if this sale is a matter of favoritism, like if he sells the house to him for the same price he had purchased it while its current price in the market is much higher, then there is considered as a gift for the son and it is known that it is not permissible to gift a son without gifting other children unless there is a sound reason for doing so.
Allaah Knows best.
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