Fatwa: # 27895
Category: Inheritance (Irth)
Country: Barbados
Date: 8th January 2014

Title

Estate dispute

Question

Father died in November 2012, leaving an estate valued over $700000, and 5 hiers.

If 4 of the hiers agree that two vehicles be sold to the son, can the 5th be forced to accept their decision?
The decision by the son to buy the vehicles was made when the sister demanded a share in the usage.She does not want to sell the cars alone because she also wants a share in the usage.


she is also saying that if the cars can be sold then all the other items should also be sold.
Will your ruling on the above be different if the son is taking the profits from the store and not distibuting to the others?


The sister is saying it wrong for him to be owing her money and then saying that he will pay a fraction of what he owes her to buy the cars.

2 days after fathers' death another sister insisted the store be settled immediately, but son declared that because of the season he would run the store on their behalf, until after xmas and then distribute.

Does the son have a right to fix a salary for himself and others without the permission of the others. what should he do if the others object? will the money he takes be halal for the nephews and neices to use?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

 

In principle, no inheritor can be forced to accept any decision.

This has following implications:

 

  1. The 5th heir cannot be forced to accept the decision of the other heirs.
  2. The son is not allowed to run the shop on behalf of the other heirs if they don’t consent to it.
  3. The son is not allowed to fix a salary for himself without the consent of the other heirs. All the heirs that he will be representing in running the shop on their behalf have to mutually agree on a fixed managing fee the costs of which are to be born by all the other inheritors according to their individual share in the shop/shops under dispute.

 

The other questions raised were not fully understood as we don’t know the whole background to the case. We advise you to seek the help of a local ‘ālim who can assist you personally in this matter.

 

 

 

 

 

And Allah Ta’āla Knows Best

Khalil Johnson

Student Darul Iftaa
Canada

 

Checked and Concurred by,
Mufti Ismail Desai and Mawlānā Zameelur-Rahmān

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