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inheritance issue among siblings (for land)


Assalamu alaikum!
> I hope you are fine with the grace of Allah Almighty.I have a question that was asked by my mother. The story goes back to 22 years when my grandfather before his death, allotted 13 acres to my mother and 26 acres each to the two brothers of my mom. My grandfather gave 300 acres to my mother’s stepbrother. My mom didn’t demand her 13 acres for about 22 years as we were financially stable whereas my mom’s brothers were financially unstable and my mom felt pity for them as they got less land as compared to their stepbrother. My mom always advised her brothers to start some farming on that land or do some business to improve their financial condition but due to their laziness they still remained in financial crisis. Now that after 22 years my father has got retired and we required some land in order to do some farming. My mother demanded her 13 acres from her brothers, but they refused and cut off all relations from mama. They said that she will get her land over their dead bodies.
> The real problem is that my GRANDMOTHER is also on her son’s side and she cut of all relations from my mom and didn’t receive my mamas phone. Now
> 1) What should be our stance in this situation?
> 2) What should my mom do, as she is feeling guilty to ask for her right because her mother is angry ?
> It is very difficult to withdraw from the land as it is worth about 6 crore.
> Kindly guide us according to Quran and Sunnah may Allah forgive all our sins.


Wa Alaykumussalam

Thank you for your question.
Alhamdulillah we are good and hope the same from your side.

According to Mujtahideen, If your mother has given or gifted her 13 acres to her brothers then she has no right to take it back now. But if your mother had given the 13 acres to her brothers and informed them that they can use and she will take it back later, then in this case it is the right of your mother and can be taken back.

In other words, if your mother had taken the land in her custody and given it to her brothers to use for a while for work and earn, then your mother can take it back. In this scenario, it belongs to her and she can take it back. But if the custody wasn’t taken at all by your mom and she just let it go and gifted to her brother, then she has no right over it.

May Allah(swt) grant you success


Syed Haider