The consent of the heirs is a condition for some of them to relinquish their shares to others
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His Eminence the Shaykh: My uncle passed away several years ago and left behind an estate. Among what he left was a plot of land that had been granted to him, on which he built a house. The funds for this house were borrowed from the bank. Currently, his wife, one son, and one daughter live in this house. He has many other sons and daughters. Is it obligatory for the remaining heirs to relinquish their shares of this land and house to the wife, the son, and the daughter? Also, if one of the heirs pays off the bank debt, does the house become his property?
It is not obligatory for the heirs to relinquish their shares to one another unless they choose to do so. As for the one who pays off the bank debt, he has a claim against the remaining heirs for the amount he paid, according to their ownership shares, and it does not become his property.
The questioner: This house has been there for years,And none of the heirs has spoken up and said: This is our house. The Shaykh: In any case, the matter is up to them. If some of them relinquish their shares to others, that is good, but it is necessary to gather all the heirs.
It is not obligatory for the heirs to relinquish their shares to one another unless they choose to do so. As for the one who pays off the bank debt, he has a claim against the remaining heirs for the amount he paid, according to their ownership shares, and it does not become his property.
The questioner: This house has been there for years,And none of the heirs has spoken up and said: This is our house. The Shaykh: In any case, the matter is up to them. If some of them relinquish their shares to others, that is good, but it is necessary to gather all the heirs.