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Are my brother and father right to deny me my share of land with the condition that I can’t rent it out?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
We are two brothers. Both are servicemen. I am younger one and lives far away from home town. My brother is posted nearby home so he looks after all agricultuaral and residential land which is in the name of my father who lives with him in the village. With the consent of father my brother was paying me rent(lease) of one third agricultural land at his own rates since 1990 against my will as I wanted to share the agriculture or to get my share of land. But they always say that they can give me one third land with the condition that I would not give the land to another person on rent. Please tell me they are right or wrong.

Answer

(Fatwa: 1470/1300=B)

Until your father is alive you have no right in his property and possessions, he is the owner of all his belongings. The one third which he is giving to you is a gift from him; you have no right to complain against him. If he is giving the land with a condition not to give it on rent it is for your betterment, lest you should not loose it as the renters are mostly overridden by bad intentions.

Allah (Subhana Wa Ta’ala) 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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