The elder brother may sell his own share, but not that of the younger brother

Question

Question: A man died leaving behind two sons; one of them was an adult and the other a minor. The adult son sold his father’s property, and part of it became the property of the government; but he ventured to do this without the permission of his minor brother. Praise be to Allah, at present relations between the two brothers are good. Now the minor brother, after reaching maturity, demands his right.

Answer

The elder brother has the right to sell his own share; he has no right to sell the younger brother’s share, so the sale of his share did not take place. On reaching maturity, if he wishes to annul the sale to the extent of his share and take his share, he may take it; and the buyer should recover the price of his share from the elder brother.

Source: Fatawa Mahmudiyya

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