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Share of inheritance

Q:

My wife's father passed away about 8 years ago. Before he passed away he put the house in my wife brothers name and told him to give the Islamic shares to all the brothers and sisters. He gave the shares to all the brothers and sisters according to the value of the property at the time He now needs to give my wife her share and he says he will give it according to the value of the property 8 years ago when her father made the will. My wife has told him he needs to give it according to the value of the property at present. Is this correct or is he correct as her father made the will 8 years ago Could you please give me the Islamic aspect of this situation Jazakallah

A:

Bismillah ArRahman ArRaheem 

Salaamun Alaykum, 
 
The proportionate share of your wife was in trust in the your wife brothers name and her share needs to be given in full.  

I.e. if it was to be sold there is a difference in price between now and eight years ago.  That difference is likely to be greater in value, and is an appreciation of the value of the share that your wife owns... no one else.   So if the property was sold today, that portion should be given to her.
 
In other words, she owns a percentage of the property as inheritance, not a dollar value.
 
However, this sentence does not make sense " He gave the shares to all the brothers and sisters according to the value of the property at the time".  Who is "he" in this sentence.  If the money was given to your wife and she accepted that as her portion she has then sold it and is no longer hers. 
 
Regards,
S.L.Al-Hakim