Q:
1. My mum is deceased 3 years. In her inheritance, she has left behind a business. I want to sell my share of the business. The executors say that I have to sell it in the family and not to any outsider as its a family business partnership and part of the estate. Is this condition valid?
2. Do they have the right to stipulate the price or can I sell it at a suitable price?
3. As far as distributing the estate, how long does one have to wait, as the executors say that they have received monies from the deceased investment but are still investigating details.?
4. Is there any punishment or effect on the deceased if there is delay in winding up the estate?
5. Is the inheritor being difficult or disrespectful in requesting their share of inheritance?
A:
1. It is permissible for you to sell your share to a family person or an outsider. However, if the family is not happy that you sell your share to an outsider, then it will be better (though not compulsory) for you to sell it to a family person if he will pay you the price you are asking for.
2. Stipulating the price is the right of the seller. Hence, you have the right to stipulate the price.
3. The estate should be wound and distributed among the heirs as quick as possible. This is a compulsory Islamic duty and hence should not be delayed without any valid reason.
Delaying in distributing the estate without a valid reason is a sin. Hence, in this case, those heirs who are in possession of the wealth and are not distributing it among the other heirs are sinful.
4. The deceased will not be punished for the wrong which the heirs do.
5. Each heir has a right to ask for his share of the inheritance.
And Allah Ta'ala (الله تعالى) knows best.
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