distribution of property Fatwa Cover

Whether the property given orally to a child will come under inheritance 4273539853

Monthly Al Kawthar•distribution of property•

Question

One of my relatives, Mr. Mostafa Ahmed has two sons. The eldest son lives abroad. The youngest son has been at home serving his parents for a long time. Mr. Mostafa Ahmed bought some land in the name of his youngest son and informed him that I had bought some land in your name. Others in the family are also aware of the matter. But he did not tell her where the land was. He died a few days later. The eldest son, who was living abroad after his death, also wants to take this land as an inherited property. But the government and other urgent documents to register the land in the name of the youngest son. According to the domestic law, the owner of this land is a young boy. Who owns it in the eyes of the law? Can it be considered as the inherited property of the late Mostafa Sahib? 6294358232

Answer

- حامداومصلياومسلما، بسم الله الرحمن الرحيم -

In the case in question, since Mr. Mostafa bought the land in the name of the younger son and registered it in his name during his lifetime, the younger son is the owner of the land. It is revealed that when something is donated to someone, it is important to capture and understand the donated object in order to establish the recipient's ownership over it. Currently, in the case of flats or similar immovable property, the recipient's possession of the land is established by officially registering it after oral donation. Therefore the above land will not be included in the inherited property; On the contrary, the younger son of Mr. Mostafa is the sole owner of the land. It would not be permissible for the eldest son to include the land in the inherited property. Excluding this land, other inherited property should be distributed among the heirs. 8899722296

- والله اعلم باالصواب -

* This Fatwa was translated by Google Translate.
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Source

  • সারাখসী, Part: 12, Page: 48
  • আলমুহীতুল বুরহানী, Part: 9, Page: 170
  • দুরারুল হুক্কাম, Part: 2, Page: 413
  • মাজমাউল আনহুর, Part: 4, Page: 491
  • আলমাদখালুল ফিকহী আলআম, Part: 1, Page: 278

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