Question
The heirs of my marhoom father are his wife, one son and six daughters. One daughter died after our father. In the estate there is a house. The son together with his niece managed to transfer the house into his name without the knowledge and consent of the other heirs. Then he renovated the house. He now wants to pay out the other heirs. He says that the figure of calculation will be the municipal value which is R445,000. However, the market value is more than twice the municipal valuation. Did the son have the right to transfer the house into his name without the approval of the other heirs? What is the Shariah's position regarding the renovation which he effected without the consent of the heirs? Does he have the right to impose the municipal value on the heirs? Is it his right to sell the house without the consent of the other heirs?
Answer
The son committed an act of fraud by transferring the house into his name. The niece is criminally responsible for aiding and abetting her uncle in the perpetration of this heinous act of haraam.
The son had no right to renovate the house without the consent of all the heirs. The house belongs to all the heirs. He may not claim renovation expenses from the heirs. The municipal value has no significance in the Shariah nor is it valid. The current market value is the correct value if the heirs agree to sell the house to him. Alternatively, the heirs could come to an agreement on a value which is mutually acceptable. If an agreement cannot be reached, then the current market value will be binding.
The son can sell only his share. Each heir is allowed to sell only his/ her share. An heir cannot sell or buy another heir's share without his/her happy consent. If the mother or any other heirs wish to sell their respective shares, they have to offer it first to a partner in the house. None of the heirs has the right to sell the whole house. He/she may sell only his/her own share.
The whole house may be sold only with the agreement of all the heirs.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 21 No 01
- PDF page
- 5
Appears under Questions and Answers (approximate).