Question Summary:
Property issue.

Question Detail:

 
      My maternal grand parents are no more. They have three daughters and two sons. They had a site and was on the name of my grandmother. The site was nearly 9.25ankans.Paralysis attacked my grandfather, he was bedridden and faced some disturbances with their elder son and they have to distribute the property forcebly. They distributed the property to their two sons and stayed with their younger son.They distributed nearly 4ankhans to elder son and 3.5ankhans to the younger son and the remaining 1.75ankans was on my grandmother's name.In 1999 my grandfather expired and in 2004 my aunty's husband expired( aunty means my grandmother second daughter), in 2008 my grandmother expired. My grandmother  used to say that she wants to give that 1.75ankans to her second daughter whose life was not smooth and not settled because her husband was not a responsible person and their relation was not good. After my grandfather expired,few years later my grandmother's health was not good. She was bedridden and also her mental condition was not right. Sometimes she speaks like a normal person and sometimes like a insane person, used to utter rubbish words also scolds sometimes.Her younger son took her responsibility. She stayed with him.  At that time her younger son wanted to build a house on that site. So he purchased the site given to his elder brother and asked his mother to sign on the remaining property(1.75 ankans) to his name. My grandmother whose health and mental condition was not right at that time rejected to sign on the property. Then my uncle asked my mother(first daughter of my grandmother) to request her to sign on the property because he could not get the loan for building the house. Then my mother requested her mother to sign on that 1.75ankhan property to her younger son. First she rejected and told that she wants to give that to her second daughter but finally she signed on that property. Actually our islamic deen was not perfect at that time but now allhamdhulliah we try to follow to our level best. That's why we doubt on that 1.75ankhan property as my grandmother consciously or unconsicously, willingly or unwillingly, we don't know her actual mental condition signed on that property  though her intension was to give her second daughter. Now what about that 1.75ankhan property?                 1. As she signed legally on that 1.75ankhan property  to her younger son will that property belongs to him only.                       2. Or the 1.75ankhan property goes to her second daugther whom she wished to give but could not give.              3. Or the 1.75ankhan property  goes to all  the five children according to the shares the shariyat applies i.e, 2 shares to sons and one share to daughters.           4. The property value at that time was one lakh and the value is nearly 4 lakhs now. Which amount should be considered the present or the previous.            Please request your valuable fatwa.  Thanking you.

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
We are unaware of the meaning of the word “ankhan.” Perhaps you meant to say “acre.”
Please clarify the following:
1). You mention that your grandmother’s state of health was not right at the time of signing the document. Please give details of her mental stability in this regard. Was she suffering from a specific mental related illness? Would such a person be considered competent in the court of law to make sound decisions? Do you have any medical/doctor’s reports in regards to her mental health?
2). Does the property deed (the document which was signed) mention anything about transferal of ownership to the younger son? Did your grandmother have any intention of gifting the land to her younger son when she signed the document? Or, did she simply sign the title deed for him to obtain a loan? Give more details in regards to the document which was signed on to the name of the younger son.
3). In what context does the value of the property need to be considered?  
And Allah Ta’āla Knows Best
Hisham Dawood
Student Darul Iftaa
Chicago, USA 
Checked and Approved by,
Mufti Ebrahim Desai.