Darul Ifta Ibn Masood

Delaying winding up of estate due to debt

· 21 Jumada I 1445 AH1 min readEnglish

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.

Answered by
Mufti Mohammed Desai
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Source: Darul Ifta Ibn Masood — https://fataawa.co.za/delaying-winding-up-of-estate-due-to-debt/
Fatawa SA: https://fatawa.co.za/fatwa/ibnmasood-28752

People also ask

Can the distribution of an estate be delayed?

“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.”

Ibn Masood · 10 fatawa from 3 Darul Iftas on this

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