Can Co-Owners Sell a Gifted House Without One Sibling’s Consent?

Answered by Mawlana Ilyas Patel

Question

If one sibling refuses to communicate after our parents gifted us a home, can we estimate her share of the contents and sell the house without her consent? What should our father do with her share according to the Hanafi school?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health.

Thank you for your question. May Allah grant her mercy and ease for your entire family.

After being gifted by the parents, the house is now jointly owned by the four sisters, including the unresponsive one. A co-owner’s property cannot be sold without their consent. Her share is legally hers, so wait for her for some time before selling it.

Contents

Estimate 1/4 of the contents generously. Box and store those items securely with a note that they are for her. Do not give them to charity unless she later consents. Retain proof of your effort to contact her (letter, timeline, and what you boxed).

Islamically, the deceased’s estate must be divided immediately upon his death, as every heir becomes an immediate owner of their share and has the right to their property. Delaying, therefore, is sinful, so due care must be taken. [Maydani, al-Lubab fi Sharh al-Kitab]

I would like you to read through the valuable answers and links below. Insha’Allah, you will receive guidance and direction.

Related

• Why Does a Female Inherit Less than a Male? 
• Inheritance Questions Following Father’s Death
• How to Divide Inheritance After a Parent’s Death?
• How Does One Perform the Prayer of Need (Salat al-Haja)?
• How Do We Deal With the Death of a Loved One?

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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel has received a traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.