Q: Is it permissible to
sell a commonly owned share
in land that has definite borders, space, and location? It may be important to mention that the title deed of this land stipulates that the latter is shared and specifies the percentage of the shared land, compared to the entire area.
It is permissible to buy and sell a commonly owned share of real estate that has definite borders, space, and location provided that the ratio of the concerned share to the whole realty is known; for instance, one fourth, one eighth, or a quarter of the tithe. Subject to the previous condition, it is permissible to circulate this commonly owned share by buying, selling, gifting, inheriting, mortgaging or any other Shar`y (Islamically lawful) form of disposition that is in one's possession as there is no impediment to this. (Part No. 13; Page No. 100)
May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.