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What happens in case of a dispute b/w heirs on a particular item like piece of land. deceased left a piece of land, out of three heirs two want to keep it (as the market value of land is very low

Answered as per Hanafi Fiqh by Askimam.org

for example if the deceased left a piece of land, now out of three heirs two want to keep it (as the market value of land is very low) , one wants to sell it (and get his share), what is to be done in such a situation? b) Secondly if the deceased left a television set and digital receiver, one heir wants to destory them as this will result in ‘spreading sin’, second heir wants to sell it and distribute the money (can this be done? will the money by Halaal) and third wants to wait until he/she can sell it to some Islamic Org. who will use it for beneficial purposes, what is to be done? c) there are a lot of items of the deceased that are being used in the house (washing machine, stationary, kitchen items) etc. are they supposed to be distributed among the heirs as well?

Answer

1. The two heirs who wish to retain the land should purchase the third
person’s share according to the present market value and become owners of
the land.
2. The television set cannot be sold or given in charity.
3. The heirs may mutually agree on the distribution of the household items.
If there is a dispute, the items should be sold and the proceeds of the sale
should be distributed to the heirs according to the shares as understood in
the Islamic Laws of Succession and Inheritance.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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