Father that is now late has verbaly given 4 of his sons a property each on 1 piece of farm land to build and live as they please.

Answered according to Hanafi Fiqh by Askimam.org

My question is…

Father that is now late has verbaly given 4 of his sons a property each on 1 piece of farm land to build and live as they please.

After much time has passed, 1 of the sons now has put the property on his name and is now asking rent from the other 3 brothers and f they cannot pay the rent they must leave.

What is your thoughts in this matter.

Answer

 

·          The Sharée ruling herein given is specifically based on the question posed and should be read in conjunction with the question.

·          The Darul Ifta bears no responsibility to any party who may or may not act on this answer. The Darul Ifta being hereby exempted from loss or damage howsoever caused.

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In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

You query is ambiguous. It appears that the father has given each one of his four sons a portion of a big land for ach one to build on it. One brother put the land on his name. If our understanding is correct, then hereunder are our observations.

The big land was given as a gift to each one of the four sons. As such, the land is in partnership between the four brothers. It is incorrect for one brother to transfer the land on his name and claim sole ownership of the entire land.

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah

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