Government Seizure of the Property of One Who Moved to Pakistan

Question

Muhammad ‘Abd al-Khaliq is, by law, a resident of the Government of India. This man, leaving his parents, a sister and a brother, Hafiz Muhammad ‘Abd al-Haqq, and his relatives and kin, applied to the government of his own free will and went to Pakistan. When leaving he said to his brother Hafiz Muhammad ‘Abd al-Haqq: “Serve our parents from my wealth and land, and you are the owner of all the property.” In the neighbourhood mosque too he gave his brother authority of this kind.

Answer

(1) The property of those who went to Pakistan after formally informing the government has been taken possession of by the government, and owing to the government’s seizure (istila’) that property became the government’s. Telling a brother or anyone else “you are the owner of my property” is of no effect.

Source: Fatawa Mahmudiyya

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