Land held as “sirdari”

Question

Question: In the time of the Congress government Zayd has land of two kinds: (1) bhumidhari (land held in full ownership with the right of sale), (2) sirdari (heritable land tenure without the right of sale). Bhumidhari land can be sold, and sirdari land cannot be sold. Zayd gave land of both these kinds to ʿUmar for ploughing on half-share crop-sharing or for land rent, and it was entered in the government records in ʿUmar’s name.

Answer

If, according to the government law, that land no longer remains Zayd’s property and has become ʿUmar’s property, and if, should ʿUmar relinquish it or give it to Zayd, it can come into Zayd’s ownership, then it is binding (lazim)

Source: Fatawa Mahmudiyya

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