Answer:
(Fatwa: 35/66/D=1433)
(1) It shall not be lawful to sell any thing from inheritance without the consent of any heir. The approval and permission of heirs is necessary.
(2) Property should be distributed as soon as possible. It is necessary to distribute it now though thirteen years have passed. But, it is necessary that the heirs or their wakil or representatives are present in the process of distribution.
(3) The original share and right of heirs shall be in farming land and each heir has right to receive and demand his/her share in the farm. However, if the heirs i.e. sisters agree to take the current price of the farm instead of farm then they may be paid its price. But they may not be forced to take price without their consent though it is farming land or other movable or immovable properties.
(4) If other heirs accept the current value and agree to take it in the form of price then it is right; otherwise it is necessary to follow the details mentioned under question no. 3.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband
