Usurpation: Contesting Ownership of Land Purchased Under a Minor’s Name
Practical Laws of Islam as per the teachings of Imam Khamenei
Usurpation: Contesting Ownership of Land Purchased Under a Minor’s Name
English:
Question #1864:
A person bought a piece of land. He noted the sale on a piece of paper in which the name of his minor child is written as the buyer. After being mature according to shar‘, the child sold the land to a third party. The inheritors of the person laid a claim to the land to the effect that it was theirs. Are they justified in contesting the right of the third party, given the fact that the name of the father is not mentioned in the document?
Answer #1864:
Mentioning the name of the child in the document per se is not a yardstick for ownership. However, if it is established that the father bought the land with his own money, and then relinquished it to his son by way of gift or ṣulḥ, the land is rightfully his. If, after his shar‘ī puberty, he sold it to a third party in a proper way, no one has the right to contest the buyer’s ownership of the land or take it away from him.
-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Usurpation