Possessions of the deceased

Q: A marhoom has left behind a 50 kg powder milk. Her niyyat was to sell it and cover up her outstanding debts. The debts are not fully paid off. Therefore does it fall part of her possessions which needs to be distributed amongst the heirs which involve non baaligh children? Or what should be done with it?

A: It will be included in the estate. After settling the debts and liabilities of the deceased, then if the deceased did not make any bequest, the remainder wealth (if any) will be distributed among the heirs in accordance to the stipulated shares of inheritance.

And Allah Ta'ala (الله تعالى) knows best.


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)