Is it permissible to demand the price difference between the valuation of an inherited house that was later sold at a higher price?
Real estate valuation has two scenarios: The first is that the valuation is correct, and the seller is not considered to have been grossly defrauded. In this case, there is no right to claim the difference resulting from price increases. The second is that the valuation is incorrect, and the seller is considered to have been grossly defrauded. Here, there is a right to annul the contract and demand the return of the share.
In the event that the property was sold by your brother, annulling the contract is not possible, but you have the right to claim the difference in the price that the house was worth at the time of its sale.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 18106
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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