Question
A property was previously usurped by the apartheid authorities. One of the heirs (Mr.A) took up the matter with the new ANC government and was successful in getting the land back. Before this happened Mr.A. had asked Mr.B (another heir) if he (B) was interested in getting the property back. B was not interested. However, now, years later when the property has been returned, Mr.B changed his mind and wants his share in the property. Is A correct to refuse giving B his share? Can heirs change their minds and demand their shares after having initially abandoned their rights?
Answer
All the heirs have their Shar'i right of inheritance in the usurped property which has been returned regardless of the fact that only 'A' had made the effort to secure the return of the asset. 'B's initial disinterest and abandonment of his right have no validity. His ownership is established in the property by way of Inheritance.
The statement of an heir before having taken possession of his/her share, has no validity. Hence, if before distribution and possession of their respective shares, the heirs say that they don't want anything in the property or they give their shares to another heir or non-heir, such statements will have no validity. They will remain heirs and have their rights in the assets of the deceased. Mr.A. has no right of refusing to give Mr.B and all other heirs their Shar'i shares. As long as the heirs have not taken possession of their shares, their rights will remain confirmed in the property.
If any heir refuses to accept his share, then if possible, his share of the assets should be physically delivered to his house and placed in front of his door, but not in the street. If he refuses to accept his share in a fixed property, then his share of the rent should be held in trust. After some time he, himself or after him, his heirs will claim and accept it.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 21 No 06
- PDF page
- 2
Appears under Questions and Answers (approximate).