Q: I need your shariah ruling on the following matter. A property was sold in 2003 for an agreed sum. The seller, represented by executors and heirs duly signed the purchase and sale agreement. The purchaser paid the transfer duty to SARS via the conveyancer. To date, transfer of the property has not taken place. Some executors and heirs who signed the agreement are now deceased, thus estates upon estates had to be finalised causing indefinite delay in transfer.
The new heirs are not willing to honour their parents signatures on the agreement, reason being:
- Price of property - not market related - as at today
- Arrear rental - some of the buyers are tenants on this property and have refused to pay the increase in rental due to the delay.
At present, papers are ready for transfer, pending the signature of a few heirs. If the seller does not honour the agreement, the purchaser is now seeking High Court ruling for finalisation.
Does the seller have any reason to dishonour this agreement?
I seek the shariah ruling, hoping to resolve this matter.