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Buying out the share of another heir

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: My understanding is that at the time of death, any assets left behind by the deceased, e.g. a house, now belong to the heirs even though its not yet transfered onto their names from a legal perspective according to the country laws.

1. If they decide to sell the house or if one of the heirs wants to buy out the other heirs then would the wasiyat be paid on the money received from the sale of the house as well as money the deceased left behind or only on the money the deceased left behind.

2. Will the heir that buys out the other heirs still be entitled to their share.

Bismillaah

A:

1. The wasiyyat must be executed from the entire estate. For example, the entire estate, property, cash and other assets add up to 3 million and the deceased had bequeathed for one-third to be given in charity, then one million must be given away.

2. The question is not clear. For example, if he bought out his brother’s share and the brother’s share was half of 2 million, so now he is left with his share.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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