21 Nov 2021 Ref-No#: 4025

Assalaamu alaikum Mufti, my father had an empty property of land, that my brother claims is his, because my father gave it to him in the presence of my mother. Unfortunately, my father did not have a will, we are three sisters and a brother. Since there was no will, Islamically does the property now become his? I do remember my father saying that my brother can build on the property, although my father has never mentioned it to us that he gave the property to my brother since the property is still on my father’s name, my mother has also mentioned that my father said that my brother can build on the property but he did not say that the property is my brother’s. My brother now wishes to sell the property and take the money, can you advice on what the correct ruling is?


Wa ʿAlaykumus Salām Wa Raḥmatullāhi Wa Barakātuh

Since this is a matter which involves another party, and a possible dispute, we advise that it be addressed with a reliable local scholar in your area.

Alternatively, if you wish to seek guidance from this site, then both parties may issue a joint submission, whereby the content and background to the question are mutually agreed upon.

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