Delaying winding up of estate due to debt

Dec 5, 2023 | Inheritance

QUESTION:

My late husband and I had a debt of a bond on a second property, together with a large outstanding rates debt. Some family members are not registering the estate so as to delay the process and the debts to be wound up. Is this acceptable?

ANSWER:

If winding up or dissolving of the estate is delayed so that the outstanding debts on the property can be settled, then doing so will be acceptable with the proviso that all the heirs are in agreement with the said arrangement. However, if some of the heirs require their inheritance immediately, then the property should be sold, and the heirs given their respective shares in the property.

ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date:- 19 Jumadal Ula 1445 / 03 December 2023

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