Is it permissible to seize a plot of land located on the street that an uncle designated for himself without consulting his deceased brother, knowing that the land has no deeds, and is it permissible to re-demarcate it or draw lots for it?
The fundamental principle is that the land which the uncle possessed and which his sons inherited is his property. This principle cannot be altered except with evidence or an admission from the heirs that the land is shared, based on the Prophet's (PBUH) saying: "Were people to be given according to their claims, men would claim the blood and wealth of others. But the burden of proof is on the claimant, and the oath is on him who denies." Therefore, evidence or an admission from the uncle's sons must be presented. Reconciliation is recommended to resolve the dispute and avoid severing kinship ties, due to the severe warnings against cutting them off found in the Quran and . Some scholars are of the view that reconciliation is obligatory to resolve disputes among kin.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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