f:774 - Rights of the heirs in land already sold by the deceased
| Country : Kolkata, India, |
Name : Adeel Ahmad
|Question: I have an uncle who when he was well, sold his land to a person. Now that he has passed away, along with other things, the documents of this land have also come up. The heirs are not accepting this transaction and want to return the money to the buyer. The land is in the possession of the buyer himself. Apart from this other property is also there. Can the heirs return the money and divide the land among themselves, as per the Shariah?|
|Answer: When the deal has been completed as per the norms of the Shariah, then neither the buyer nor the seller can cancel/overrule it without mutual agreement. |
As you have said, the buyer has paid the money and taken possession of the land, then the land is his property and as per the Shariah, the heirs have no right to declare the matter null and void. If the buyer wants to return the land, then it is a different matter and the buyer has a right to take the previous amount of money or more than it.
Imam Haskafi (May Allah shower His mercy on him) writes: When offer and acceptance has been made, then the deal is binding. (Durre Mukhtaar, Vol. 1, Kitab Ul Buyu)
And Allah knows best.
Mufti Hafidh Syed Ziauddin Naqshbandi Qadri
[Professor, Islamic Law, Jamia Nizamia
Founder-Director Abul Hasanaat Islamic Research Center]