Buying land from the Custodian

Question

Question: Zayd, Bakr’s grandfather, gave ‘Amr, who is Muslim’s grandfather, land on loan for use (‘ariya) for residence, and it was agreed that it would be taken back when needed. So ‘Amr’s descendants lived on this plot until 1947, then, affected by the emergency conditions, migrated to Pakistan. Of ‘Amr’s descendants only one man, named Muslim, remained here, and he is in possession of his share of this plot. The government declared the remaining portion, apart from Muslim’s share, abandoned (evacuee) property.

Answer

When the government, having seized it (istila’), took possession of it as owner and then auctioned it, whoever bought it will be the owner; the former ownership and possession will no longer be taken into account.

Source: Fatawa Mahmudiyya

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