How can a dispute be resolved between brothers over the division of agricultural land after part of it has been converted into buildings, taking into account the efforts and costs borne by one of them to convert the land, and the younger brother's demand for financial compensation?
If brothers purchase land in common, none of them is permitted to utilize a portion of it by building or planting without the consent of the others. Otherwise, he would be considered a usurper, and he would be required to remove what he has erected, because every part of the land is jointly owned by them. Whatever one of them spends for the benefit of the land before division, everyone is obligated to share in it. However, after demarcation and division, each one has the freedom to dispose of his share, and the others are not obligated to share in anything one of them spends on his share. Reconciliation between the brothers is recommended.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 92853
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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