Fatwa: # 16472
Category: Inheritance (Irth)
Country: South Africa
Date: 14th March 2008

Title

Father that is now late has verbaly given 4 of his sons a property each on 1 piece of farm land to build and live as they please.

Question

My question is...

Father that is now late has verbaly given 4 of his sons a property each on 1 piece of farm land to build and live as they please.

After much time has passed, 1 of the sons now has put the property on his name and is now asking rent from the other 3 brothers and f they cannot pay the rent they must leave.

What is your thoughts in this matter.

 

Answer

 

·          The Sharée ruling herein given is specifically based on the question posed and should be read in conjunction with the question.

·          The Darul Ifta bears no responsibility to any party who may or may not act on this answer. The Darul Ifta being hereby exempted from loss or damage howsoever caused.

·          This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Ifta.

 

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

You query is ambiguous. It appears that the father has given each one of his four sons a portion of a big land for ach one to build on it. One brother put the land on his name. If our understanding is correct, then hereunder are our observations.

The big land was given as a gift to each one of the four sons. As such, the land is in partnership between the four brothers. It is incorrect for one brother to transfer the land on his name and claim sole ownership of the entire land.

And Allah knows best

Wassalam

Mufti Ebrahim Desai

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.
The Messenger of Allah said, "When Allah wishes good for someone, He bestows upon him the understanding of Deen."
[Al-Bukhari and Muslim]