Building a mosque on land without the permission of the heirs

Question

The late Muhammad Husayn, the late Amir Husayn and Wazir Husayn were three full brothers. Of them, the late Muhammad Husayn had no children, nor is his wife alive. The late Amir Husayn has two daughters, Jamila and Jalila, and one grandson (a son’s son), Mahmud, who is at present in Pakistan. The late Wazir Husayn has two grandsons, Nafis al-Hasan and Habib al-Hasan, who are in Bhopal. (a) What needs to be clarified is this: will the rightful heirs of the existing vacant (unbuilt)

Answer

(a) The estate left by Amir Husayn — the vacant land and so on — will be treated as three shares and divided thus: one share goes to Jamila, one share to Jalila and one share to Mahmud. If Muhammad Husayn died at a time when Amir Husayn, Wazir Husayn and his son had already died before him, then the estate of Muhammad Husayn (the vacant land and so on)

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.