A judgement on a land related matter in the light of the holy Quran, the Hadith and the muslim law.

Answered according to Hanafi Fiqh by
Most respectfully, I Md. Akhtar Hussain, resident of Dibrugarh, Assam seek an amicable judgement on a land related matter in the light of holy Quran and Hadith. My grandfather Lt Tayab Hussain had five daughters and only one son namely Lt Anwar Hussain who was my father. We are five (5) brothers. And now that our father has died who was the only boy child in the family, one of the granddaughters of Lt Tayab Hussain has occupied a plot of land which is in the name of my father. And now after we all have grown up, we registered our names in the respective Patta for security of our future and asked her to vacate the land which she has been occupying illegally for years. But she does not want to vacate the said plot of land. In this context, will your authority kindly let me know in details what the Muslim law says and predicts in the matter and pave a way for settlement of the conflict amicably. Hope for your response at the earliest

بسم الله الرحمن الرحيم

(Fatwa: 903/B-170/TB=06/1435)

If the above mentioned plot was in your father’s name and he was its owner then after his death all his five sons shall share the inheritance. The granddaughter of Janab Tayab Hussain Sahib has no right in it. She should vacate the plot and hand it to the five sons of Anwar Hussain. It is not lawful to violate the rights of someone and usurp it.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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