The question is now, “Whether the new mosque can be constructed on this portion of custodian land against which the occupant transfers same portion of his original land to the custodian land.” It is further to clarify that the whereabouts of the original migrant owner are not known who is told to be a Muslim, as the Muslims migrated from this area to Pakistan. The land is in Srinagar Jammu & Kashmir.
بسم الله الرحمن الرحيم
(Fatwa: 38/88/H=2/1438)
First of all, he should exchange his land with the custodian land and should take it into his possession. After the paper works are furnished and he become the owner of the custodian land in government record, the land may be registered in the name of the mosque. Then it will be alright if the mosque is constructed on that land.
Allah knows Best!
Darul Ifta,
Darul Uloom Deoband
