My maternal grand parents are no more. They have three daughters and two sons. They
had a site and was on the name of my grandmother. The site was nearly
9.25ankans.Paralysis attacked my grandfather, he was bedridden and faced some
disturbances with their elder son and they have to distribute the property forcebly. They
distributed the property to their two sons and stayed with their younger son.They
distributed nearly 4ankhans to elder son and 3.5ankhans to the younger son and the
remaining 1.75ankans was on my grandmother’s name.In 1999 my grandfather expired and in
2004 my aunty’s husband expired( aunty means my grandmother second daughter), in 2008 my
grandmother expired. My grandmother used to say that she wants to give that 1.75ankans
to her second daughter whose life was not smooth and not settled because her husband was
not a responsible person and their relation was not good. After my grandfather
expired,few years later my grandmother’s health was not good. She was bedridden and also
her mental condition was not right. Sometimes she speaks like a normal person and
sometimes like a insane person, used to utter rubbish words also scolds sometimes.Her
younger son took her responsibility. She stayed with him. At that time her younger son
wanted to build a house on that site. So he purchased the site given to his elder brother
and asked his mother to sign on the remaining property(1.75 ankans) to his name. My
grandmother whose health and mental condition was not right at that time rejected to sign
on the property. Then my uncle asked my mother(first daughter of my grandmother) to
request her to sign on the property because he could not get the loan for building the
house. Then my mother requested her mother to sign on that 1.75ankhan property to her
younger son. First she rejected and told that she wants to give that to her second
daughter but finally she signed on that property. Actually our islamic deen was not
perfect at that time but now allhamdhulliah we try to follow to our level best. That’s
why we doubt on that 1.75ankhan property as my grandmother consciously or unconsicously,
willingly or unwillingly, we don’t know her actual mental condition signed on that
property though her intension was to give her second daughter. Now what about that
1. As she signed legally on that 1.75ankhan property to her younger son will that
property belongs to him only.
2. Or the 1.75ankhan property goes to her second daugther whom she wished to give but
could not give.
3. Or the 1.75ankhan property goes to all the five children according to the shares the
shariyat applies i.e, 2 shares to sons and one share to daughters.
4. The property value at that time was one lakh and the value is nearly 4
lakhs now. Which amount should be considered the present or the previous.
Please request your valuable fatwa. Thanking you.
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
We are unaware of the meaning of the word “ankhan.” Perhaps you meant to say “acre.”
Please clarify the following:
1). You mention that your grandmother’s state of health was not right at the time of signing the document. Please give details of her mental stability in this regard. Was she suffering from a specific mental related illness? Would such a person be considered competent in the court of law to make sound decisions? Do you have any medical/doctor’s reports in regards to her mental health?
2). Does the property deed (the document which was signed) mention anything about transferal of ownership to the younger son? Did your grandmother have any intention of gifting the land to her younger son when she signed the document? Or, did she simply sign the title deed for him to obtain a loan? Give more details in regards to the document which was signed on to the name of the younger son.
3). In what context does the value of the property need to be considered?
And Allah Ta’āla Knows Best
Student Darul Iftaa
Checked and Approved by,
Mufti Ebrahim Desai.