They purchased the house in the name of elder son,beside this house government land was there they were selling this land to the owner of house only so one brother purchased the land in his elder brother name only, now elder son died ,….

Answered according to Hanafi Fiqh by Askimam.org

grand mother(nani),father purchased house,because father is usually out of the city , they purchased the house in the name of elder son,beside this house government land was there they were selling this land to the owner of house only so one brother purchased the land in his elder brother name only, now elder son died , wife and children of elder son are  telling this house and land belong to them becasue  the papers are in her husband name, grand mohter(nani),father died also ,they dont want to give share to all brothers and sisters of her husband and the land purchased by younger brohter to him, if they(wife and childrens and theiry supporters do haj and umrah and good deeds will they get ajar(reward) for that.thier haj and umrah will be accepted

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

There are three issues

a) Purchasing in the name of another person
b) Bona Fide owners of the land
c) Acceptance of Hajj and Umrah

According to Shariah, if the younger brother purchased the land and transferred it into the name of the elder brother for legal purposes, the land belongs to the younger brother. It is unfortunate that the younger brother did not record the transaction in writing, hence the confusion. However, since the elder brother has passed on since, the younger brother or some senior family member should try and engage the elder brother’s family and explain them the actual situation. It is possible that the elder brother’s family is not aware of the situation.

Thirdly, the issue of their income being contaminated will depend on whether the land is generating income or not? If there is no income generated from the land, their income will not be contaminated. If there is income accrued from the land, the income consumed by them will be regarded as Ghasb (usurped money).

The ruling of performing Ibaadat (worship) of Haj or Umrah with usurped funds (Ghasab) is that although a person will be absolved of the obligation of the Ibaadat, such a person will not receive any rewards for the Ibaadat (Raddul Muhtaar 2/459)

And Allah knows best

Wassalam

Muhammed Zakariyya Desai,

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah

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