Does the buyer retain ownership of a property if he did not yet pay the seller of the property after concluding the sale agreement?

Answered according to Hanafi Fiqh by

Q. My property was on sale for R 1 000 000.00. My brother wanted to buy it. So, I agreed to sell my property to my brother for R 900 000.00 as I owed my brother R100 000.00. My brother agreed.

Unfortunately, my brother has not paid me for my property since the past two months and is collecting rentals from renting out the property. Is this correct?

A. If you sold the property to your brother, he is the owner of the property.

As the owner of the property, he is entitled to the rentals received from renting out the property.

Yes, he should pay you R900.000.00 for the purchase of the property.

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

This answer was collected from, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.

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