An heir refuses to take his share from the inheritance

Question:

If a person passes away and one of the heirs refuses to take his share of the inheritance, what will be done with his share?

بسم الله الرحمن الرحيم

الجواب حامدا ومصليا ومسلما

Answer:

If an heir forgoes his share and settles for a lesser amount, he will be given his new share and the rest of the wealth will be distributed amongst the remaining heirs in proportion to their respective shares.         

However, if an heir forfeits his share and does not make a settlement, his portion of the wealth will still be in his ownership. In other words, the right of inheritance may not be waived by simply abandoning it.

If an heir gifts his share to someone else before the wealth has been distributed, he will still be the sole owner of his share. Therefore, if an heir wishes to forsake his share completely, he should take an item from the wealth (other than cash) and the rest of his share should be divided amongst the remaining heirs in proportion to their current shares.

والله اعلم

Allah Knows best. 

Approved by: Mufti Husain Ahmad Madani

More in this category: Bequeathing one's wealth »