Sister selling her share of the estate to her sibling

Q: A person passed away, and among the heirs are two daughters, one of which is rich and the other is poor. The rich daughter does not want to take her share of the inheritance and wants to give it to the poor daughter. 

However, she was told that this is not permissible without her first taking possession of her share. My question is, how will she take possession of her share independently if the share consists of properties that are jointly owned with other relatives, as well as the business which is also in partnership with others? 

In such a case, where independently taking out one's share will be difficult and tedious, can she merely hand over her share to her sister without first taking possession of it? If not, what are her options?

A: She may sell her share to her sister for a nominal amount.

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

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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