The land left by the deceased is the property of all the heirs
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The second question of Fatwa No. ( 8441 )
Q2: My father passed away some time ago, and he left us a large
agricultural and residential land, and three male sons, my mother, and two sisters, one from my mother and father and one from my father. This land has not yet had a title deed issued for it, but there is evidence proving it to us, and I am currently reviewing the title deed, if Allah wills. I am the agent for all the heirs and the primary person responsible for them, and I am responsible before Allah for any mistake I might make out of ignorance regarding any one of them. My question is: Should I give my sisters their right and leave my right and the rights of my brothers and my mother with each other? And if that is permissible, is it permissible for me to buy my sisters' share and add it to my right and the rights of my brothers and my mother? And if none of what I mentioned is permissible, what do you order me to do, O honorable Shaykh? I am currently confused in my matter; because I farm the land and my sisters receive nothing from it, even though they do not claim anything from me, neither from the land nor from its produce, but I fear for my conscience. It was said to me: It is absolutely not permissible for you to do that; because you are exploiting the rights of the others (the heirs) and taking their share without looking at the consequences. Please inform us of what you consider good in this world and the hereafter. May Allah reward you.
A2: The land left by your father is the property of all his heirs, and so is its produce from the day the deceased died, so it is divided among them like the rest of the estate. There is no harm in buying your sisters' share of the land, even before its division, if
you inform them of their share in it, and you must pay them their portion of the land's rent before buying their shares, unless they permit you to do otherwise. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: My father passed away some time ago, and he left us a large
agricultural and residential land, and three male sons, my mother, and two sisters, one from my mother and father and one from my father. This land has not yet had a title deed issued for it, but there is evidence proving it to us, and I am currently reviewing the title deed, if Allah wills. I am the agent for all the heirs and the primary person responsible for them, and I am responsible before Allah for any mistake I might make out of ignorance regarding any one of them. My question is: Should I give my sisters their right and leave my right and the rights of my brothers and my mother with each other? And if that is permissible, is it permissible for me to buy my sisters' share and add it to my right and the rights of my brothers and my mother? And if none of what I mentioned is permissible, what do you order me to do, O honorable Shaykh? I am currently confused in my matter; because I farm the land and my sisters receive nothing from it, even though they do not claim anything from me, neither from the land nor from its produce, but I fear for my conscience. It was said to me: It is absolutely not permissible for you to do that; because you are exploiting the rights of the others (the heirs) and taking their share without looking at the consequences. Please inform us of what you consider good in this world and the hereafter. May Allah reward you.
A2: The land left by your father is the property of all his heirs, and so is its produce from the day the deceased died, so it is divided among them like the rest of the estate. There is no harm in buying your sisters' share of the land, even before its division, if
you inform them of their share in it, and you must pay them their portion of the land's rent before buying their shares, unless they permit you to do otherwise. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.