Selling land that belongs to someone else

Question

Thirty years ago Hamid, taking a written deed of acceptance, made Khalid the owner of a plot of land. Khalid, having held possession of it for a few days, died leaving his minor son Rahim, but Rahim, out of necessity, went to another place. The said Hamid, after twelve years, again took possession of this land and had it registered in his own name, and after twelve years sold it to Qasim.

Answer

If Hamid had sold that land to Khalid, then Khalid became its owner; then, after Khalid’s death, the land will belong to the heirs as an estate (tarika). If his only heir is one son, then he alone is the heir and the owner; his going away to some other place did not end his ownership.

Source: Fatawa Mahmudiyya

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