Issues On Disposing of Inheritance

8-6-2020 | IslamWeb

Question:

salam allakum.both my parents passed may God have mercy on them.also they were divorced my sisters stayed in us with our mother,my father and i returned to syria on his land we had many trees and required work we also built 2 story building 1 was for my sisters and 2was for me also we built 3 story building but nothing was said about sisters both are to be here but are not willing to come or give written permission by law so i can sell,divide,or invest on property can i use my share to do as i please?they have not contributed nothing at all money,labor or etc. as i did as my father requested,they also have requested their shares while my father was alive which made him visibly upset.i have no intentions of taking anything that they might be entitled to.its just sad that property has been in family for so many generations that they want to sell...i thank God for this,also
thank you and may God bless you

Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

The question is somewhat ambiguous, and we could not fully understand all the details. However, we can generally underline some important points related to the division of inheritance.

First: the sisters have the right to act freely with regard to their rightful shares of inheritance by sale or otherwise, and the fact that the property has been in your family for many generations and that selling it would allow the legacy of the family to be lost and other similar excuses do not prevent them from free disposal of their shares in it. However, you or another person may reach an agreement with them to buy their shares, if you can, in order to keep the property as you wish.

Second: if the estate has been divided (among the heirs) and your share in it is defined, you may dispose of it as you wish, by building on it, renting it, cultivating it, or by utilizing it in in any other permissible manner.

Third: the issues of inheritance and cases of dispute should be referred to the scholars directly so that they would inquire about the needed details without having to make assumptions that may not exist in reality.

Allah Knows best.

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