Question
Two brothers jointly own a property. The one brother has died. Do his heirs automatically become owners of his share? Can the brother who is alive pay the heirs the value of the share top become the sole owner?
Answer
Yes, the heirs become automatic partners in the fixed property. The heirs of the deceased inherit his half share. Half of the net rental income has to be paid to the heirs who have to divide it in terms of the Shariah's Law of Inheritance. Any of the heirs may sell his/her share to you or to any other heir who is prepared to pay the price.
If they are willing to sell, you may buy their shares. If some wish to sell, not others, then you may buy from those who want to sell their shares.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 22 No 12
- PDF page
- 2
Appears under Questions and Answers (approximate).