6.9 Purchaser's Defence of Good Faith

What happens if a person acquires property and makes a contribution towards it , in good faith, or relying on an Inheritance Order, which is later altered or cancelled?

If that that person's right was acquired in good faith and for a contribution, it stands, and cannot be taken away from him ,even if the Inheritance Order is altered or cancelled.

What happens if someone does a deal with an heir, but the transaction was not completed and meantime the Inheritance Order on which the heir's rights were based, is altered or cancelled?

If the transaction was not completed, the heir cannot be forced to complete it.

What is the status of deeds made on the basis of an Inheritance Order that lacks validity?

If they were carried out according to the terms of the Order, even if it invalid, they will remain valid, but if they were carried out in contradiction of it, they will not be valid, and will be cancelled.

What happens if a person makes a transaction with an heir concerning a property belonging to the estate, and which he was supposed to inherit, and it later transpires that it did not belong to the testator after all?

The deal will be cancelled because an heir cannot enter into a transaction relating to a property which is not part of the estate, and which he did not inherit.

Is the purchaser of a property that is registered in his name, entitled to retain it if he made the deal based on a valid inheritance order, paid for it, but acted in bad faith?

No – even though it is registered in his name, because he acted in bad faith.

Will a person who purchased a property in good faith, be entitled to retain it, if he relied on an inheritance order granted by a rabbinical court who lacked jurisdiction to do so?

No – because the purchase will be based on an invalid order.

What is the legal situation when a person receives a property as a gift from an heir, in good faith, relying on an inheritance order, and then the order is later altered or cancelled?

The person cannot keep the gift , and must give it to the person who inherits it under the new order. This is because he received it as a gift and did not buy it.