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Question # : 36514

India

My intention is to distribute my share of land as per Islamic law. My grandfather accumulated land and he kept registering those land in the names of adult members of his sons/daughters/grandsons/granddaughters, reason being limit of registering land in one's name by law. He could not distribute property as Islamic law in his life, hence distribution was not equal. My father probably got more share due to he had more adult sons when grandfather bought lands. My father passed away too and now land is unequal too among all my brothers.
Now I want to distribute my share as per Islamic law, so do I share only land which I inherited from what was in my father's name or also I have to add what my grandfather has registered in my name, though my grandfather has said to some of family members that whatever is one's name it is theirs.

Answer : 36514

Published on: Jan 30, 2012

بسم الله الرحمن الرحيم


(Fatwa: 378/250/D=1433)

The grandfather registered the land in the name of each family member and said that the land belongs to the person in whose name it is registered. So if he gave the land in complete possession of the person in whose name it was registered and made him/her its owner then each one became the owner of the land that was in his or her name. And the land of father became inheritance after his death. Now each heir is entitled to get his share as per the Shariah. And if the grandfather did not make them the owner and did not give the registered land in their possession then only by paper work one does not become the owner. In this case, all the land remained in the possession of the grandfather. It shall be divided among his legal heirs after his death. Whatever the father will get it shall become his inheritance after his death and it shall be divided among his (father’s) Shariah heirs.

Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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