The land left by the deceased as the heirs' right unless they agree on otherwise


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Q: My cousin lives in Riyadh. He made a list of the names of his relatives to donate flats to them as a gift in the same village where we live. My grandfather (may Allah be merciful to him) was among those people, but he passed away before the names were declared. When the names were finally declared, my grandfather's name was included in the list, and was exactly the same as my name.I have completed issuing the deeds for the two pieces of land from the municipality, and I finished all the procedures and registered them in my name so that the grant will not be lost. I am a person who fears Allah (Exalted be He) and my grandfather left heirs. Would the two pieces of land be mine as (Part No. 16; Page No. 453) the deeds are in my name? Or do the heirs have a right to them? Am I entitled to a part of these two pieces of land? O Shaykh, I want to have lawful residence and food, in sha'a Allah. Could you kindly advise?


A: The land which you attained by the name of your grandfather will be the right of his heirs except if they give it up to you provided that they are of full legal capacity to do so. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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