My father passed away 6 years ago leaving a property in which my mother and nephew are living in at the moment. After he passed away me (daughter), my two sisters and two brothers all agreed to leave the property as it was, while my mother was living in it. Now my eldest brother has suddenly changed his mind and has had the property valued, as he wants to buy it. He then offered us our shares. The rest of us would like to sell the property on open market are we allowed to do this? Or are we supposed to take what he offers us, as this is what he wants us to do. My eldest brother says we have to do what ever he tells us to do so can you please help me, as I?m very confused.
At the outset, we wish to advise that the estate of the deceased should be wound up as quick as possible as this has implications on the deceased in his grave. Therefore, we humbly suggest all the heirs to amicably distribute the estate. Nevertheless, the executor (one appointed to distribute the deceased’s wealth) is incharge of the distribution of the estate. He will look at the most suitable avenue in distribution in accordance to the Islamic Law of Succession and Inheritance.
The house must be sold to any person who offers the highest price and the shares will be distributed accordingly. If your brother offers the highest price, he may buy the house and pay the remaining heirs their respective shares. However, if all the heirs are happy in your brother buying the house at any price, they may do so.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai