How should one act concerning a plot of land of which the grandfather owns three-fifths, and the son and the paternal uncle each own one-fifth, knowing that the paternal uncle built a house on a part of it after the grandfather ceded it to him, and he surrounded the house with a fence that encloses a larger area?

If the land was a gratuitous loan ('ariya), then the borrower has the right to use it until the end of its temporary term. If the term is not specified, then common practice and custom are to be referred to, and after that, the borrower becomes a usurper (ghasib). If it was a gift (hiba), and the grandfather was the father of his father and his uncle, then a gift is not permissible unless there is equality among the children in the giving, with the exception of favoring someone for a legitimate Sharia reason. If the grandfather was not the father of his father and his uncle, then the gift is valid if it was made while the donor was of sound health and the donee took lawful possession of it. In summary, if the land was a gratuitous loan or an unlawful gift, it remains the property of the grandfather and is divided as usual. However, if it was a lawful gift, then the uncle's share increases by the amount of the gift, and the grandfather's share decreases by the same amount. It is advisable to consult the Sharia courts to resolve these matters.