Disputes should be raised to Islamic Court
Fatwa No: 322765

Question

My grandfather had six children (two sons and four daughters). My father was his second child and the eldest son, my grandfather had purchased agricultural land in the name of my father and it was given on contract to farmers from the time that it was purchased. My father was the only one who was collecting the money from the farmers and he used to give it to my grandfather. One day, while my grandfather was still alive, a buyer came to purchase the agricultural land that was in the name of my father, my grandfather took the advance from the prospective buyer and gave it to my father by saying that a buyer came to purchase his (my father's) agricultural land. Upon hearing this, my father said to my grandfather that he was not interested in selling his land to the buyer and asked my grandfather to returned the money to him. Upon hearing this, my grandfather returned the money to the prospective buyer and said that his son was not interested in selling the agricultural land. After my grandfather passed away (in 1982), my father was the only one taking care of the agricultural land, and no one asked for their share in the property as the rates of real estate during that time were not very high. It was only after our grandmother passed away in 1993 and the real estate rates started going up that my 'chacha' started harassing my father out of greed, since the rates of agricultural land have increased many fold during all these years, by saying that all the siblings who are alive (five of them) have their share in this agricultural land. Please let me have your fatwa on this issue; are the siblings of my father entitled to any share from the agricultural land?

Answer

All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad is His slave and Messenger. 

In matters of dispute, a fatwa that is issued at a distance is not enough; rather, the case must be taken to an Islamic court, if available, or one should orally ask the scholars who are eligible to act as judges if there are no Islamic courts so that all disputing parties could be heard and everyone would be given his legitimate right.

Allaah knows best.

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