Abdur Rahman ibn Yusuf Mangera – Inheritance Issues Don’t Delay in Inheritance

Don't delay an inheritance distribution. Otherwise, it's just

going to get more complicated. When the disease passes away, give

it some time, you know, everybody's calm and everything,

and then try to sort it out as soon as possible.

Right, try to sort it out as soon as possible. Now, there are two

stages to this one is you have to sit down, determine all the

assets. And when a person dies, their clothing, everything is part

of the assets, right? Everything that belongs to them, the cash,

the properties, the

whatever they have inside the house, everything is up to be

divided. So the first stage is you get together, and then you

determine who gets what, you know, you figure out what shares a

percentage everybody needs to receive. And then you decide that,

okay, this is one six for you, and this is for you, and this is for

you, all of that, then there's the distribution, so then you actually

divide everything up, right, and there's a whole procedure to them.

If you cannot divide it, let's just say the mother still staying

in the house, and you're gonna allow her to stay in the house.

Right?

That's fine. But at least sit down together and determine what each

person shares and of what, let's just say that there's someone,

you've got cash, and you've got the property. And there's some

people who say, Look, I'd rather keep the property, I don't want

the cash. And some say we want the cash, you can negotiate the cup,

the brother and sister inheritors, who say they want the cash, they

can take the cash, and then you're left with the house. Now you can

let your mother stay in there, or whatever the case is, that's fine.

But at least it's all negotiated and done. I'll give you an

example. Somebody passed away. And he left behind several pieces of

land and property in India. Right now, after the death.

Two of the brothers or one of the brothers said that, we will manage

this, and we'll pay you out.

That's they said, We'll manage this, and we'll pay you out the

sisters that will pay you out.

So they said, that's fine. But they never came back to them. And

never, they never said anything, they did not tell them what the

value of the assets were, they did not give them any money. Nothing.

After, I don't know, 10 years or whatever,

they they are giving

a certain amount of money to each one of the others, right, the

sisters and so on.

What's going on,

what they did was the value of the land at the father's death, they

kept that same value.

They only telling everybody what the value is now. And then they

try to pay everybody according to that, even though that those

assets have now increased by five to 10

times. So they're paying after 10 years. And they're still giving

them the price of 10 years ago, whereas there was no negotiation

or determination at that time as to what it was and what exactly

was going to happen. The sisters, they just assumed that

they will figure it all out, let them know. And then they'll tell

them that was the idea. So that's why they all gave the money back.

And they said no, we want it according to today's price,

because it was left like that.

That's why it's not worth doing that. Sit down, determine the

value of it, by everybody's agreement, get a surveyor if you

want to otherwise just do a valuation at home, then if you

want to keep it like that for everybody, that's fine. It's

everybody's, if you don't, and two or one person wants to buy

everybody else, then they can negotiate that then and then say,

okay, I purchase

all of those lands from you at this price. That's the agreement,

but I'm going to pay you in, you know, so many years. If they

agree, that's fine, then you fix the price. Now you can pay now, if

you paid them after 10 years, you you only have to pay them for that

price. There's no interest in Islam, right? And you've agreed

and it's up to them if they want to give you that facility to pay

later. If they don't they say no, we want one in two years, we own

the money in one year, women in five years, they can do that. But

even then

the it's fixed if you didn't do that, and you just said I'd like

to buy it, but you didn't tell him how much you're gonna buy it for

how much it's worth, then it was just an offer. And there was no

proper acceptance, no proper agreement, because there's

ignorance and unawareness and ambiguity in what you exactly

agreed upon. So that's why it will remain everybody's ownership until

you actually sit down and decide among everybody. For example,

let's say person passed away and he had a business in which some of

his sons were working and others were not. Right. Some of his

family members were working and others were not. And they did not

bother talking about it. They thought oh, it's ours or whatever.

Now everybody's gonna have a different idea in their mind.

Those who are working in the business they think that they

should now own more of this business because they're the ones

who are continuous, maybe they've even improved the business and so

on. Right now after 10 years, they decided, okay, let's do something,

you know, give us our share, give us our share. So now they want to

give them the share of the value of the business as it was, when

the father died, you can't do that anymore. Because there was no

negotiation and agreement then at that time, they just carried on so

while they can take a salary or whatever the case is, but the

business now with its increase is belongs to everybody. Because it

was their assets and they continue to be shareholders in that now had

they agreed straightaway that look, the business is is this much

and if you guys don't want to be part of it, we'll buy you out. So

they agree on a some whether they paid their money or not. At least

they've agreed they finalize the sale, they can chase them for the

money, then in that case, it becomes fixed and that is what

they will set it to them for Jazak Allah here for listening. May

Allah subhanho wa Taala bless you. And if you're finding this useful,

you know

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