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The question

What is the ruling on the action of a father who divided his father's inheritance years after his death, by giving his paternal aunts land of little value and seizing the good land, then increasing his share by two hectares which he sold to the questioner's brother at a price lower than the market price, knowing that his paternal aunts are in need and agreed to that?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

If the land is of equal value, it is divided according to each heir's share. However, if its value differs, then either it is sold and its value distributed among the heirs, or some of them take it and compensate the others, or they utilize it and share its produce.

If the division is agreed upon with the consent of all heirs, there is no objection to it. The sale of their shares is then valid and cannot be revoked.

However, if they did not consent to the division but remained silent out of shyness, their waiver is not considered valid Islamically. The division must be redone in a way that achieves justice. If the father does not agree, the aunts can refer the matter to a judge for arbitration. In all cases, the matter should be referred to the court for consideration.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
159981
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy