Is it permissible for the heirs to relinquish a piece of land to one of the heirs so that he can build a residence on it, given that the father did not divide the estate among them before his death, and some of the heirs are minors?

The questioner : This questioner, O honorable Shaykh, says in this question: Honorable Shaykh, we are the heirs of our father, who passed away six years ago. Among us are minors, some of whom are only nine years old. They are from a woman other than our mother. We are five from a deceased mother and six from a mother who is still alive. What I want to ask is: Is it permissible for us to relinquish a piece of land to one of our older brothers so that he can build a residence on it, given that my father did not divide the estate among us before his death? Please advise us, may Allah reward you.

The Shaykh : If all the heirs are adults and of sound mind, there is nothing wrong with their relinquishing a piece of land to one of their brothers. However, if there are minors among them, it is not permissible for anyone to relinquish what pertains to these minors; that is, nothing should be taken from their share of the estate. But if one of the adult, sound-minded brothers relinquishes his share to his brother, there is nothing wrong with that. Yes.