{"id":1607,"date":"2011-08-25T17:03:50","date_gmt":"2011-08-25T17:03:50","guid":{"rendered":"http:\/\/daruliftabirmingham.co.uk\/wp\/?p=1607"},"modified":"2011-08-25T17:03:50","modified_gmt":"2011-08-25T17:03:50","slug":"appointing-an-agent-in-distributing-inheritance","status":"publish","type":"post","link":"https:\/\/daruliftabirmingham.co.uk\/home\/appointing-an-agent-in-distributing-inheritance\/","title":{"rendered":"Appointing an agent in distributing inheritance"},"content":{"rendered":"\n\n\n
\n\t\t\t\tApart 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
\n\t\t\t\tconsent, 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.
\n\t\t\t\tHe is not co-operating. I am in need of Shariah guidedance.<\/p>\n

\n\t\t\t\t\t \n\t\t\t\t<\/p>\n

\n\t\t\t\t\tMy questions are.
\n\t\t\t\t\t1) Accordind to shariah, can we, the beneficiaries,
\n\t\t\t\t\tnominate someone in India and give them the power of
\n\t\t\t\t\tattorny to act on our behalf?(to oversee the pricing)
\n\t\t\t\t\t2)According to shariah, can we stop him from selling
\n\t\t\t\t\tthe land to anyone without our consent?
\n\t\t\t\t\t3) According to shariah, can my cousins In S.Africa
\n\t\t\t\t\trequest him to give them more time to decide?
\n\t\t\t\t\tI would be grateful if you can reply early as we do
\n\t\t\t\t\tnot have much time.\n\t\t\t\t<\/p>\n

\n\t\t\t\t\tIn the name of Allah, the most Beneficent, the most Merciful. <\/strong>\n\t\t\t\t<\/p>\n

\n\t\t\t\t\tAnswer <\/strong>
\n\t\t\t\t<\/h1>\n
    \n
  1. \n\t\t\t\t\t\tIn 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)\n\t\t\t\t\t<\/li>\n<\/ol>\n
      \n
    1. \n\t\t\t\t\t\tAs 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.\n\t\t\t\t\t<\/li>\n<\/ol>\n
        \n
      1. \n\t\t\t\t\t\tFinally, 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.\n\t\t\t\t\t<\/li>\n<\/ol>\n

        \n\t\t\t\t\tOnly Allah Knows Best\n\t\t\t\t<\/p>\n

        \n\t\t\t\t\tMohammed Tosir Miah\n\t\t\t\t<\/p>\n

        \n\t\t\t\t\tDarul Ifta Birmingham.\n\t\t\t\t<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n","protected":false},"excerpt":{"rendered":"

        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…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[9],"tags":[],"_links":{"self":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/1607"}],"collection":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/comments?post=1607"}],"version-history":[{"count":0,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/1607\/revisions"}],"wp:attachment":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/media?parent=1607"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/categories?post=1607"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/tags?post=1607"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}