Question
Reference number: 850962 | Inheritance, Bequests, Endowment, Personal Status | April 12, 2022
What is the ruling on the following issue: my uncle (my father’s brother) used to work in Saudi Arabia, and he used to send money to my grandfather to buy pieces of land for him; of course, my uncle paid; my grandfather used to tell his children that those lands are your brother’s property even though the contracts are in my name. Is it allowed for my uncles and aunts (my father’s siblings) to inherit any of those lands?
Answer
Praise Be to Allah and Peace Be Upon His Messenger.
Referring to your question, the ruling is since those lands are bought for one of the sons and the son paid for them, then they are legally the son’s property, but if there is a land which is the grandfather’s own property, then all children can take their shares. The prophet said: “a man’s property must not be taken except with his goodwill.” Sahih Al-Jami’
Another incident proves this: Abu Salama complained to Aisha about a conflict related to a piece of lands, so she said that the prophet had said: “whoever usurps unlawfully even a hands span of land, a collar measuring seven times (this) land will be placed around his neck on the Day of Judgement.” Related by Bukhari
If a conflict happens between siblings on who is the owner of these lands, I recommend that they consult righteous figures to judge.