Buying and Selling: Ruling on Disputed Land Ownership Registered Before Full Payment

Practical Laws of Islam as per the teachings of Imam Khamenei

Buying and Selling: Ruling on Disputed Land Ownership Registered Before Full Payment

English:

Question #1532:

I agreed with my nephew that I would transfer to his ownership part of my land when he settled the purchase price in full. However, because of certain administrative constraints, I registered the land in his name before the settlement of the purchase price. Despite the fact that he admitted that the land was not rightfully his, he demanded that I hand ownership of the land over to him in accordance with the deed issued by the land registry office. Should I give in to his demand?

Answer #1532:

The claimant has no shar‘ī right to the land unless he proves that he really bought it in a shar‘ī, rightful manner. He should not stick to the land registry document as evidence of his ownership of the land, especially after he had admitted, at the time of registration, that he was not the owner of the land.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Buying and Selling