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Selling property during a father's terminal illness with the intent of depriving his children of their rightful inheritance

Inheritance,Inheritance,Selling property during a father's terminal illness with the intent of depriving his children of their rightful inheritance

Fatwa No :
80975
| Date :
0000-00-00

Fatwa No : 80975
Selling property during a father's terminal illness with the intent of depriving his children of their rightful inheritance
معاملات / ترکات / احکام وراثت

Selling property during a father's terminal illness with the intent of depriving his children of their rightful inheritance

What do the esteemed scholars and respected Muftis say regarding the following matter that we are five siblings from our mother, and I am the youngest among them. I am currently around 30 years old. My mother passed away and left this world when I was only six months old. My father then remarried, he later purchased two plots of land. One of those plots he transferred on the name of my elder brother, with the stated reason being that it includes the share of all five siblings.
Now, my father intends to sell both plots, the one on his own name and the one on my brother’s name and does not want to give any share to the children from his first wife. Meanwhile, he is in a critical state of health, caught between life and death.
In this matter of inheritance, what is the ruling of the scholars and the respected muftis?

الجوابُ حامِدا ًو مُصلیِّا ً

If the questioner's father is indeed in such a state of illness that he is on the verge of life and death, then the mentioned sale transaction is not valid. Rather, it is subject to the permission of the other heirs. Furthermore, his intention to completely deprive the children from his first wife of their rightful share is also sinful and blameworthy, which must be avoided.

مأخَذُ الفَتوی

ففي الدر المختار: وبيع المريض لوارثه على إجازة الباقي اھ(5/ 112)۔
وفي حاشية ابن عابدين: (قوله: على إجازة الباقي) أو على صحة المريض، فإن صح من مرضه نفذ، وإن مات منه ولم تجز الورثة بطل اھ (5/ 112)-

And Allah knows best
لطف اللہ نصيب عُفی عنه
دار الافتاء جامعه بنوریه عالمیه
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