Apart from the house my grandfather had some farmland. Like the house, nothing was done about the inheritance distribution until now. AS the land is in India and we are here can we nominate some one there to act on our behalf to make sure that the price is set to reflect current market value or can my cousin act on his own. He said we have no right to nominate anyone in India. He is also selling part of farmland without
consent, to any one he likes without consulting all 62 beneficiaries. Just because he holds power of attorney. He did not inform 26 beneficiaries in S. Africa, I did so only recently, They would like him to give them more time so they can decide what to do.
He is not co-operating. I am in need of Shariah guidedance.
My questions are.
1) Accordind to shariah, can we, the beneficiaries,
nominate someone in India and give them the power of
attorny to act on our behalf?(to oversee the pricing)
2)According to shariah, can we stop him from selling
the land to anyone without our consent?
3) According to shariah, can my cousins In S.Africa
request him to give them more time to decide?
I would be grateful if you can reply early as we do
not have much time.
In the name of Allah, the most Beneficent, the most Merciful.
Answer
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In regards to the first question it is permissible for you to make an wakeel (agent) who will act on your behalf to oversee that the distribution of the land is according to the teachings of the Shariah. In particularly in your situation as the nephew is distributing the land himself without the heirs being present themselves. It is necessary that you appoint an agent on your behalf. (Badaius –Sanaai P.23 V.6 &Hidayah P.413 V.2)
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As you have a right on the land, one will not be permitted from selling it without the consent of the other heirs. (Aapke Masaail p.390 v.6) However, the nephew will be allowed to sell his share subject to certain conditions after the land has been distributed rightfully amongst all the heirs.
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Finally, if all parties agree then you can delay the distributing of the land to date, where everybody can be there. However, it should be borne in such a mind that the distributing of the land should be done as soon as possible.
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham.
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