Q: My late Dad had left behind an Islamic Will. Through the process my elder brother and I had been appointed as executors of his estate.
Question: Can we (the executors) make a unilateral decision on behalf of the other heirs to ensure a fair and equitable resolution to the issues plaguing the sale of the property.
Context to the question: My dad left one property as part of his estate. Its structure is such that it is impractical to split the property relative to each heirs proportionate share. Once we have determined a value of the property (formal process) can we as the executors unilaterally make payment to the other heirs in proportion to their inheritance (Islamic share)?
A: You will have to consult with the other heirs.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)