Home
Discover Islam
Quran Recitations
Lectures
Fatwa
Articles
Fiqh
E-Books
Women
Boys & Girls 
Enter Question
View By Subject
Fatwa Of The Week
Selected Fatwa
Fatwa CenterThe deceased's estate should be divided if any of the heirs demands so
Question
Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have male relatives who are entitled to inherit: (A son) Number 2 (A full brother) Number 2 -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 2 (A wife) Number 1 (A full sister) Number 3 - Information about the deceased’s debts : (Debts to people) - Additional information : if my father has 10 acres of land how should this be divided.but the first problem is my grandfather has a land and he wrote in his will that all his 3 sons should agree to distribute the property that is the land.but even after 40years of my grandfathers death one of his son does not agree to divide the land the land is on all three sons name. Now one the sons my father has died and we are in very much need of money and we want to sell the land which my father inherits from his father but my uncle still does not agree to divide the land even after we pleaded what can we do in this circumstances.without the signature of the 3 heirs we cannot sell the land now my fathers land has been transferred to us as his heirs in the goverment office but we cannot sell it as my grandfathers will is still in place. one of my uncles son is bedridden due to illness and lives on charity since 6 months soon people will tire of taking care of him and his family so we wanted to sell the land and help him also in some way. in this circumstances what should we do. we have tried all possible ways to persuade our uncle but in vain.if we try to sell the land without his signature he will file a lawsuit against us. but we really need help with the money as my brother is in debt and will have to resort to taking money on riba if no alternative is found.please advice.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and messenger.
As for the distribution of the estate of the deceased and paying off his debts, please refer to Fataawa 101898, 129378 and 194547.
With regard to your second question, it is impermissible for the paternal uncle or any of the heirs to refuse to distribute the estate as requested by the heirs. ‘Ulaysh 
(from the Maaliki School of jurisprudence), said in his Fataawa, “If any of the heirs (entitled to inherit) requested the division of the estate, his request should be met.”
If your paternal uncle persistently refuses to have the estate divided among the heirs, you can refer the case to Sharee‘ah-courts to claim your rights. However, it should be noted that you should wisely address this matter so as to avoid any potential grudge or problems with your paternal uncle.
Allaah Knows best.
Search Fatwa
Fatwa Subject
