Demanding Immediate Payment by One Heir When Inherited Property Is Sold on Installments

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Demanding Immediate Payment by One Heir When Inherited Property Is Sold on Installments

Inheritance,Inheritance,Demanding Immediate Payment by One Heir When Inherited Property Is Sold on Installments

Fatwa No :

82614

| Date :

0000-00-00

Fatwa No : 82614
Demanding Immediate Payment by One Heir When Inherited Property Is Sold on Installments

معاملات / ترکات / احکام وراثت

Demanding Immediate Payment by One Heir When Inherited Property Is Sold on Installments

Respected Mufti Sahib, Assalamu Alaikum!
I would like to present the following question: If we sell an item or a property on installments, the price is usually higher. However, if after selling the property we are required to pay the entitled Shar‘i heirs their share immediately in one lump sum, what is the ruling in such a case? For example: A house is sold for 1,000,000 rupees, out of which 100,000 rupees is received immediately, and the remaining 900,000 will be paid over three years, i.e., 300,000 rupees per year. Now, suppose one of the Shar‘i heirs says, "I don't care about the remaining 900,000 or how you receive it. I want my share now, in full." How should such a share be given? In the Government of Pakistan, the term "Inflation Rate" is used to explain the difference between cash and credit. For example, if something is sold for 100 rupees on credit for three years, its present cash value, according to the current inflation rate of 8.75%, would be 73.75 rupees. Please explain this issue in detail.

الجوابُ حامِدا ًو مُصلیِّا ً

In the mentioned case, if any Shar‘i heir wishes to separate and receive their share before the property is sold or the price is received, then they may take the equivalent value of their share based on the current market rate and separate themselves. However, if the property is later sold on installments or the value increases due to inflation, that heir has no right to demand any additional amount.

And Allah knows best
Darulifta Jamia Binoria Aalamia

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Demanding Immediate Payment by One Heir When Inherited Property Is Sold on Installments        
    
    Question:
    Respected Mufti Sahib, Assalamu Alaikum!
I would like to present the following question: If we sell an item or a property on installments, the price is usually higher. However, if after selling the property we are required to pay the entitled Shar‘i heirs their share immediately in one lump sum, what is the ruling in such a case? For example: A house is sold for 1,000,000 rupees, out of which 100,000 rupees is received immediately, and the remaining 900,000 will be paid over three years, i.e., 300,000 rupees per year. Now, suppose one of the Shar‘i heirs says, "I don't care about the remaining 900,000 or how you receive it. I want my share now, in full." How should such a share be given? In the Government of Pakistan, the term "Inflation Rate" is used to explain the difference between cash and credit. For example, if something is sold for 100 rupees on credit for three years, its present cash value, according to the current inflation rate of 8.75%, would be 73.75 rupees. Please explain this issue in detail.
    Answer:
    In the mentioned case, if any Shar‘i heir wishes to separate and receive their share before the property is sold or the price is received, then they may take the equivalent value of their share based on the current market rate and separate themselves. However, if the property is later sold on installments or the value increases due to inflation, that heir has no right to demand any additional amount.