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The question

Is the inheritance appraised at today's price or at the price at the time of the father's death? Do the two apartments and the shop have a share in the land or not? How are the house and land appraised, taking into account the price of vacant land? What is my share and my sisters' share of the apartment, based on the details mentioned regarding the construction of the apartments and the shop, the father's actions, the sales contracts, and the acknowledgment he left?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The reference for disputes and shared rights is the Sharia court. What is considered in inheritance is the price at the time the estate is divided, not the price at the time of the deceased's death. The apartments and the shop that the father sold to the son have no share in the land unless the father explicitly declared ownership of the land to the son in a document, or bore witness to it, and the son acquired it during the father's lifetime. This is because custom dictates that fathers lend their land to their sons for building without intending to transfer ownership. The land is valued without the structure, and then the structure is valued as demolished, with the cost of demolition deducted. As for the apartment on the first floor, it is an inheritance in which all heirs share. What the father wrote about it is considered a will for an heir, and it is not enforceable unless approved by the heirs, based on the Prophet's (peace be upon him) saying: "Indeed, Allah has given every rightful person his right, so there is no will for an heir."

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
78336
Imported
Translation status
Source text, unreviewed
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