QUESTION:
My late father passed away recently and we are finalizing the estate. The heirs are my mother, my brother and myself. My father loaned R100 000 to my brother who has been paying it off monthly. How will this aspect be resolved?
ANSWER:
1. Your brother should pay the outstanding loan to your later father’s estate, and thereafter it should be distributed in accordance to the Shari’ee law of succession amongst all the heirs.
2. However, if there are other assets, cash, investments, etc. to be distributed and your brother is entitled to receive more than the outstanding debt (which is approximately R400k as stated in your query), then the outstanding debt can be deducted from his share, in which case he will be relieved from the burden of paying the monies immediately to estate.
3. The remaining heirs (your Ma and you) are also at liberty of permitting him to pay the debt to the two of you in installments in your portions of the estate. The respective parties should enter into an agreement with him in this regard. However, it is not necessary to do so if you’ll are not willing to enter such an agreement.
ALLAH TA’ALA IN HIS INFINITE KNOWLEDGE KNOWS BEST!
ANSWERED BY:
Maulana Ahmed Saeed
Date:- 08 Jumādal Ula 1445 / 21 November 2023
CHECKED AND APPROVED BY:
Mufti Mohammed Desai Saheb
