Mufti Online — Madrasah Ta'leemuddeen

Partner buying off shares from partner's children after partner passes away

· 29 Safar 1448 AH1 min readEnglish

Question

There were two brothers owning a business 50% each. One brother passed away, they distributed the inheritance of the business in percentages. e.g. 10 percentage to one person, another 5 percent to another and in this way they continued to receive a profit from the business. Now, the other brother wants to forcefully buy out the other portion which belongs to the deceased brothers children and wife.

1. Is it permissible to distribute the inheritance in this way that without dissolving the business people are giving a share?

2. Can the brother forcefully buy the other portion of the business?

Answer

1. It is permissible provided the heirs are given their rightful shares of the business.

2. No. They must be happy to sell just as they cannot forcefully evict him. All have equal rights in the business.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/36906
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-36906

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