Endowment: Sale of Inherited Land Later Found to Be Endowed

Practical Laws of Islam as per the teachings of Imam Khamenei

Endowment: Sale of Inherited Land Later Found to Be Endowed

English:

Question #2070:

A person sold a piece of land they inherited and signed a binding contract to this effect. After a while, it transpired that the land was held in trust. Would this revelation render the sale null and void? If this is so, should the vendor compensate the buyer for the price he paid for the land, at the time of sale, or should he pay the current market price?

Answer #2070:

After it had been found that the sold land was an endowment and that the vendor had no right to sell it, the sale is invalid. Accordingly, it has to be restored to its original status, i.e. a trust. The vendor has to pay back the price he received from the buyer for the land plus compensation for decrease in purchasing power of the money.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Endowments