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Who has the first right of purchase in an estate?

Answered according to Hanafi Fiqh by TheMufti.com

Q. If one or two of heirs want to sell their share of property that they inherited from an estate, do they need consent from the remaining heirs to do so? Also, who has the first right of purchase?


A. Upon demise, the heirs become co-owners (Shirkat-ul-Milk) in the assets of the deceased’s estate.

Hence, in the enquired case, if one or two heirs decide to sell their share of any asset in the deceased’s estate including property, they cannot sell it without the consent of the remaining heirs.

Furthermore, the assets in an estate cannot be sold to non-heirs without first offering the remaining heirs the right to purchase as they have the first right of purchase at an agreed upon price if any of the heirs decide to sell their share. (Shaami 4/327-Hindiyyah 2/301)

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.

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