Question
Is it valid to impose on the heirs that they may not sell their inherited properties to strangers? If they want to sell, the have to sell to the other heirs.
Answer
It is not permissible to impose on heirs that they may not sell their properties to strangers. Such an imposition is not valid. However, there are some rules pertaining to property, and which have no relationship with inheritance.
If two or more persons own a property, and one partner wishes to sell his share, he has to first offer it to the other partners. If they agree to pay his price, then he has to sell it to them. If they refuse to buy or refuse to pay his price, then he has the right to sell to strangers.
Similarly, if a person wants to sell his property, then his immediate neighbour has the first option to buy. If he refuses to buy or to pay the asking price, then one may sell to others.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 26 No 07
- PDF page
- 12