Joint Property Ownership in Sharia Law: Can a Brother Sell Without Consent?

Understanding Joint Property Rights in Islam: A Case Study

Question: Twelve years ago, two brothers jointly purchased a plot. The elder brother told the younger brother to register the plot in his name, as they lived together in one house. The money for the plot came from the elder brother’s wife, who was known to the family. A few years later, the younger brother installed a borewell at the elder brother’s house, and the elder brother said he couldn’t repay the debt, so he told the younger brother to take the borewell money from the plot. Two years later, the younger brother sold the plot without informing the elder brother and told him afterward. He hasn’t disclosed the sale price yet. A few days later, the elder brother’s wife suggested selling their plot to repay their debt, at which point the elder brother revealed that the younger brother had sold it two months earlier without informing them. Is this action permissible according to Sharia?

Answer: The elder brother made a significant mistake by telling the younger brother to register the plot in his name. He should have included his name in the land registry since the plot belonged to both brothers. If the elder brother’s name was on the registry, the younger brother couldn’t have sold the entire plot. The elder brother’s second mistake was suggesting that the younger brother take the borewell money from the plot, implying that the plot should be sold. How else could he get his money without selling the plot? When the elder brother learned about the sale two months earlier, he should have informed his wife. This indicates that he also made a significant mistake in this matter.

In any case, since the plot was jointly owned by both brothers, the younger brother should have sold it with the elder brother’s consent. If he made a mistake by selling it, he should at least now disclose the correct sale price and return the elder brother’s money. The money given to the younger brother by the elder brother is considered the elder brother’s money, even if it came from his wife.

 Sheikh Maqbool Ahmed Salafi حفظه الله

❪Jeddah Dawah Center, Hayy Al-Salamah – Saudi Arabia❫