Q: We are 1 sister and 3 brothers. My youngest brother I and are Indian and the other 2 are Malaysian. My Mother is Malaysian and the owner of 20 acres agricultural land. During her lifetime she announced Hiba for an equal distribution of the land under which she gave 5 acres to my middle brother due to his financial condition. I being an Indian was constantly using my share of profit along with my mother as her sons never took up her responsibility except for food and lodging. Now she is suffering from dementia but still remembers her hiba for her 3 children.
Question 1- if a child is in a foreign country then how would she fulfill the requirement of Malikana Haq as I too am not financially strong to travel internationally often?
Question 2- there are witnesses for the verbal hiba.
Q3- in one of my recent trips in 2022 in front of my mom I verbally took possession of my land and wanted to utilize the profit till I could sell it, but my Malaysian brothers refused to do so. Both of them has taken their share under hiba and supporting the Indian brother and denying my right on the pretext that I don’t have the Milkana Haq- Total Possession of land.
Question- How would it be established that I too have the right to 5 acres land as for the past 10 years my mom and I have been using the profit by mutual understanding?
A: If your mother gave you a portion of the land as a gift and also gave you full possession and control over it, then the land belongs to you.
It is haraam for your siblings to deny you your haq and to stop you from taking what belongs to you. This is oppression and extortion.
And Allah Ta'ala (الله تعالى) knows best.
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