Division of Property

Answered according to Hanafi Fiqh by
My grandfather (Dada ) had six children ( two sons & four daughters ). My father was second child of my grandfather, when he had purchased agricultural land in the name of my father and it was given on contract to farmer, whatever money my father received from the farmers he used to give to grandfather till he was alive. One day a buyer came to purchase the agricultural land which was in the name of my father, my grandfather took the advance from the prospective buyer and was giving to my father by saying that a buyer has come and he wants to purchase your agricultural land. On listening this my father said to my grandfather that I am not interested in selling my land to the buyer and asked my grandfather to return the money to him, on listening this my grandfather returned the money to the buyer. Now after my grandfather expired , my chacha is saying that all the siblings who are alive (five of them ) have their share in this agricultural land. Please let me have your fatwa on this issue.

بسم الله الرحمن الرحيم

(Fatwa: 398/398/M=05/1437)

The land which your grandfather purchased in your father’s name, if he gave it to your father and made him its owner and your grandfather withdrew his control from the land then that land solely belongs to your father and the other heirs shall have no right in it. But if the condition is not so i.e. your grandfather did not give that land to your father’s possession and ownership rather your grandfather remained its handler and owner throughout his life then in such a case that land became inheritance of your grandfather, in which all the heirs shall have their due share.

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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