Back to search
The question

What is the legitimate share of the children from their grandfather’s land after their father’s death, and are they entitled to claim the remnants of their right to cultivation (mugharasa) or the price of the trees they planted in their two paternal aunts' share, after more than twenty years of benefiting from the land without giving the two aunts any of its produce?

Share this answer

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

The children and their mother's share of the land is half of it. One-eighth of this half goes to the mother, and the remainder to the children, because this half is the deceased's share. As for the other half, it belongs to the two paternal aunts. If the two paternal aunts remain silent and do not demand their right, and the children cultivate the land, this is considered an implicit permission for them to use the land, and the value of the trees located in their share must be paid, unless the two sons waive the compensation.

However, if the aunts' silence is due to shyness or custom, it is not considered permission, and they have the right to choose between being paid the value of the trees (at the value of uprooted trees, not standing ones) or for the children to uproot the trees from their land, because the children's action is considered an encroachment. The children must not deny the kindness of their two aunts, for they lived all that time and did not demand any right or fruit.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
67508
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy