The tenancy is recorded in one brother’s name, but the work is shared by all

Question

Question: (1) There is a field that has come down to us from the time of our fathers and grandfathers; it was held on land rent, and there was no recorded cultivation right on it. We were living jointly — three brothers. At that time the cultivation right was recorded in the name of one brother, while all of us kept on farming it continuously; and even after we separated, the cultivation of the field remained joint. Now a dispute has arisen among us on account of the record being in one name.

Answer

(1) Since the verbal arrangement is joint and it is being acted upon, and despite only one brother’s name being recorded in the papers all three brothers have kept on cultivating jointly, there is now no ground for dispute or hesitation: without any doubt all three are partners, and that paper entry is merely on paper and has no effect.

Source: Fatawa Mahmudiyya

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