Question # 7234
reletd to Wirast
Assalamuaalaikum May I know about lost ownership land . A man bought a land 90 years ago . After buying , he did nothing and he didnt tell anything about that land to his family . His family members even didn't know location of that land . He went to another country and died .After his death, A few years later that land became lost and illegal and government acquired and owned and using it . They deleted owner records from many offices. So owner family regarded as a completely lost thing. When owner died, we know how to give his legal properties to inheritors by Islamic Law . But we don't know about lost and illegal properties .How about fatwa for that kind of lost many years ago illegal ownership land ? If anyone or one of his grandsons or daughters tried to get back land or money from government . How about fatwa for that kind of comensation or land ? Islamic Law in Assets mean Legal Ownership ? which means legally can give legally can sell , and can live ?.How about fatwa for lost illegal ownership properties ?
Inheritance & Testament (احكام الميراث والوصية)
Asked By: Muhammad Haneef -
Jun 23, 2018
الجواب باسم ملھم الصواب حامدا و مصلیا
As per situation mentioned in question, that lost land would be considered under the owner ship of that old man.
If someone purchased land accordingly as per Shariah teachings, and paid the total cost of that land ,he is owner of that land ,though he has not signed the legal document .
If inheritors found after his death, that he is also owner if some such land that was purchased by him according to Shariah but lack legal documents, than this is also part of his inheritance .
If there is any proof(accordanceto Shariah),and inheritors can claim on basis of that proof ,than they should claim to got that land.
How ever it is necessary that this land purchase and owner ship , fulfills Shariah recquirment.
And ALLAH knows best
Wtitten by Mufti Hammad Fazal
Vice mufti jamia Taha
23 june 2018
8 Shwaal 1439