Inheritance of land expropriation compensation

Question

As-salaamu alaykum   Please advise on the ruling as to how to treat the Land Expropriation Compensation of a deceased persons land. The land owner as well as some of the heirs have passed on. Some members of the family are following the Shafi’i Maddhab and some the Hanafi Maddhab.
السلام عليكم ورحمة الله وبركاته

 

1. Compensation for land expropriation forms part of the possessions of the land owner during his lifetime.
2. If the originally dispossessed or inadequately compensated owner has already passed away by the time restitution is made, the restitution amount will be considered part of his inheritable estate at the time of death, in accordance with the Shar’i shares.
3. Accordingly, the restitution amount would have to be distributed between all those who would have been the owner’s heirs at the time of his death, in accordance with the Shar’i shares.
4. If any first generation heir has become deceased by the time of restitution, that particular heir’s portion must then devolve upon that same heir’s heirs, according to the rules of munāsakhah, or sub-distribution.
5. There are no differences between the Madhāhib on any of the above.

والله تعالى أعلم
And Allah knows best.

(Issued on 16-09-2019)

MJC (SA)

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