What is the legal ruling regarding the ownership of land that a father built using his eldest daughter's money, and then registered it as common property among his three daughters, while everyone knows that the land belongs to the eldest daughter? And what is the ruling concerning the actions of the second wife and her daughters who deny this? And does the father bear a burden of sin for not depositing money in the bank for his eldest daughter, as he did for the daughters of his second wife?
If the father acknowledged ownership of the land to his eldest daughter before his death, and there were witnesses, then the land belongs to her, and the denial of the sisters or the wife holds no weight. They must acknowledge her right, for what is in the official documents does not alter the reality of the ruling. The Prophet, peace and blessings be upon him, said: "If I rule in favor of someone concerning the right of his brother, then I am only allotting him a piece of fire, so let him not take it." The land is not inherited from the father, but what the father built on the land from his own money is inherited from him. If the father singles out his two younger daughters for a gift to the exclusion of the eldest, he is sinful unless there is a legitimate Islamic justification. We advise reconciliation to preserve affection, or to refer the matter to the judiciary.
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- 102011
- Imported
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