A partial co-owner taking earnest money for the whole land

Question

Question: In one corner of the Sarai Musafiran neighbourhood there is a masonry well, and some land belongs with the well. The well has been filled in, and now quite a good house can be built on that spot. To the south of the well there is a public road, and after it the house of the respected Ghasitun. He wishes to give the price of this place to a mosque, a madrasa or some good cause and build his own house or some building.

Answer

Regarding jointly owned land, a partial co-owner is not permitted to sell the whole land or to take earnest money for it until all the co-owners consent to it. Now that the earnest money has been returned, the matter has ended altogether.

Source: Fatawa Mahmudiyya

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