One Partner Selling the Other Partner’s Share

Question

There is a property in which two people have a right: the right of one is 12 annas (an anna being one sixteenth of a rupee), and the right of the other is four annas. If this property is sold, and the first person, the holder of the 12-anna share, tells the second person, who is entitled to four annas, that the property was sold for ten thousand rupees, whereas it was sold for 80 thousand rupees, and if the buyer, in collusion with the first person, testifies that this deal was settled for ten thousand rupees —…

Answer

The first person (whose right is a share of twelve annas) has the right to sell only his own share. If he also sold the share of his second partner, this depends on the partner’s permission: if he permits it, this sale will take effect; otherwise not.

Source: Fatawa Mahmudiyya

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