Q:
1. Who is responsible for distributing the estate among the heirs after a person’s demise? And if not distributed equally who will be questionable?
2. My grandfather (alive) distributed his property equally among his children 15 years ago. But he then gave a portion from my fathers share to someone else. Now, is my grandfather accountable for not distributing it equally?
3. The land that he gave to all his sons (all have constructed houses on the land except my father) have not been transferred in documents to the sons but all of it still belongs to my grandfather in papers. If he does not transfer it, what will be the significance of all the distributions he already made?
A:
1. If the deceased had appointed someone then he is responsible. If not, then the heirs should appoint someone who is understanding and muttaqi to divide correctly between themselves. All those who were guilty of not correctly distributing will be answerable.
2. If your father happily consented to it then it is alright.
3. When he has transferred everything to the children with control then it belongs to the children.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)