Fatwa ID: 08127
Answered by: Maulana Abdoullah Limvoonheek
Question:
A person passed away and left behind only clothing and some household items that none of the heirs are interested in.
If all the heirs give one of the heirs permission, can he just dispose all of it?
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
When a person passes away, the inheritors become owners of his possessions in accordance with their respective shares. All personal belongings and household items have an attached value and must be treated as part of the estate to be distributed.
If there is mutual agreement among the heirs that they do not want any of those items, and there are no minor heirs, then they may appoint one of the heirs to dispose of them. In such a case, it will be permissible for that heir to donate all the belongings of the deceased.
However, it is ideal that each heir first takes possession of their respective share and then donates it individually. This ensures proper transfer of ownership in accordance with Islamic guidelines.
If there are minor heirs, then the value of the minor’s share in the belongings must be calculated and preserved or compensated, since minors cannot legally forgo their share.
Hope this answers the question.
Only Allah (عز و جل) knows best.
Written by Maulana Abdoullah Limvoonheek
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
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الفتاوى الهندية ج٦ ص٩٠