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Fatwa CenterReimbursement price for land purchased in 1960
Question
I would be pleased if someone can answer the following question. My deceased father left behind three sons, three daughters, a wife and her mother (my grandmother). He bought a piece of land in 1960 for about 600, 000 FRF, today this piece of land has appreciated to almost 25,000,000 FRF. We (my brothers and I) want to develop this land but would like to reimburse my mother and my grandmother. How much according to Islamic law should each one receive if we want to reimburse them? Do we have to consider the price of the land in 1960 or do we consider the actual value, 25,000,000 FR in 2004. May the Almighty, Allah continue to bless you all.
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
The inheritance of your father should be divided as follows:
The wife gets one eighth of the portion. Allah Says (interpretation of meaning): {…but if you leave a child, they get an eighth of that which you leave….}[4:12].
The mother gets one sixth of the portion. Allah Says (interpretation of meaning): {… For parents, a sixth share of inheritance to each if the deceased left children; ….}[4:11].
The rest should be divided between the sons and daughters: the male gets 2shares and the female gets one share. Allah Says (interpretation of meaning): {… Allâh commands you as regards your children's (inheritance); to the male, a portion equal to that of two females; ……}[4:11].
Therefore, it becomes clear that every member of the heirs has a portion of the land according to his share of inheritance and can then sell his portion with whatever price he wishes and it does not have to be a given price, whether the price of purchase of the land by the heir or its price on the day of the division of the inheritance.
Allah knows best.
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