Can some of the heirs refrain from dividing the heritage? What is the legal procedure?

The division of the estate between the heirs is a thorny issue and raises many controversies and disagreements in societies around the world. Inheritance is also a legitimate right for the heirs after the death of the deceased person, and it includes all the money and property left by this person.

The division of the estate requires an accurate understanding of the law in force in the country, but also care must be taken in dealing with this issue so that family disputes do not turn into judicial disputes and families can maintain harmony and psychological and emotional safety by finding compromise and satisfactory solutions for all parties involved.

But sometimes some heirs refuse to divide the estate and refuse to give the rest of the heirs their share, and this is our topic in this article, where we will talk about the legal procedures that must be taken when some of the heirs refuse to divide the estate, and does any of the heirs have the right to do so? So follow us.

Does one of the heirs have the right to refrain from dividing the estate in Saudi law?

Islamic law determined the share of each heir and did not leave an issue of inheritance without discussing it, but sometimes it happens that one of the heirs refuses to divide the estate, and this is not permissible from a legal or Sharia point of view.

According to the Saudi Personal Status Law, none of the heirs has the right to refrain from dividing the estate. The estate must be divided among the heirs based on the shares specified in Islamic law, which stipulates different shares for each heir according to the degree of kinship inherited.

If one of the heirs refuses to divide the estate, the other heirs can file a lawsuit to compel him to participate in the division of the estate and obtain their legal share in it.

And if the heir who refuses to divide continues to refuse, a judicial representative may be appointed to divide the estate in accordance with the Sharia rulings, and in this case it is preferable to seek the assistance of a specialized lawyer to facilitate the matters of the case.

When is the heir considered to abstain from dividing the estate?

The heir is considered abstaining from the division of the estate when he refuses to participate in the division of the estate or deliberately obstructs the process. The reason for this refusal may be his dissatisfaction with his share in the estate or his disagreement with the manner in which the estate is divided.

Accordingly, the rest of the heirs have the right to file a compulsory division suit against him in the following cases:

• His intransigence and refusal to divide the college

In this case, if the matter is not resolved amicably, the heirs must file a lawsuit to divide the estate by force, as we mentioned.

• His rejection of legal division according to Islamic law

Some of the heirs refuse to distribute the estate and impede the division because of their greed and desire to obtain a larger share and their dissatisfaction with the division.

• Not signing the division contract without excuse

Among the problems also during the division is that one of them refuses to sign the contract, which stops the distribution procedures. In this case, it is preferable to seek the help of a specialized lawyer in Saudi Arabia, who will take the procedures and solve the problem in a legal way.

• His denial of part of the estate by concealing identification papers in his possession.

One of the heirs may have a position close to the deceased before his death, which allows him to obtain identification papers for some of the deceased’s property, whether the deceased gave them to them for safekeeping, or he obtained them secretly without anyone’s knowledge. The heir may hide these papers and deny their existence within the estate in order to dispose of them and seize them later after the partners have distributed the estate among themselves.

• His disposition of part of the estate before it was divided

This disposal is not permissible in any case, and the person who did it must return the property that he took or return its value, or agree with the heirs on a specific compensation, and in the event that he refuses, the heirs resort to the Personal Status Court in Saudi Arabia to take the necessary procedures.

•   Claiming that the deceased owned part of the estate before his death, without supporting documents or witnesses.

What is the legal procedure in the event that one or some of the heirs refuse to divide the estate?

Before we start talking about procedures, let us first know what is meant by inheritance

What is an estate?

Estate is the property left by a person after his death and whose fate is determined by Islamic law. The estate includes all types of property left by the deceased, such as real estate, funds, bank accounts, vehicles, and other financial assets.

However, some things are excluded from the estate before it is divided:

• Debts: The debts owed by the deceased are excluded from the value of the estate before his death and returned to their owners before dividing the estate among the heirs.
• Will: The will is executed before dividing the estate and notifying the heirs of it. Any property within the estate of the deceased that has been recommended to one of the heirs or others is outside the scope of the estate. As long as the bequest is legitimate and does not conflict with the legal shares.
• The gift: That is, if the deceased gave one of the heirs a gift (a gift) before his death, its value is not counted within the estate, but the share of the heir who received the grant must be determined if it exceeds the fair spending limit.
• Inheritance left to the absent: If one of the heirs was absent when dividing the estate, then his share is placed in a deposit until his return, and if he does not return after a period specified by Sharia and law, his share is divided among the remaining heirs.

You must adhere to the legal shares and civil laws in force in the Kingdom of Saudi Arabia and consult on any possible legal exceptions that may apply in a specific estate.

The question that arises now is how to file a lawsuit for the division of the estate forcing?

Steps to file a lawsuit for the division of the estate forcibly

To file a claim, you must follow the following steps:

• Preparing the official documents of the estate and submitting them to the court, including the death certificate, the will of the deceased (if there is a will), the estate certificate and other related documents, in addition to the inheritance notification paper, the warning document sent by the court, as well as the record document.
• Consult a lawyer specialized in civil and heritage cases to help you determine your rights and determine the necessary procedures. One of the best law firms in Saudi Arabia is the Al Othman Law Firm, so you can communicate with them to take the required procedures.
• Submitting a request to the competent court in your area to file a case for compulsory division of the estate. The request is submitted by a specialized lawyer, as mentioned above. The request includes the personal information of the heirs and the type of assets remaining in the estate.
• All heirs are summoned to attend the court hearing, provide the necessary evidence and answer any questions posed.
• The final judgment regarding the division of the estate is issued by force, and the judgment is implemented through legal procedures.

The civil laws and regulations of the Kingdom of Saudi Arabia must be adhered to when filing a lawsuit.

Is it permissible for one of the heirs to claim the re-division of the estate?

It is permissible for any of the heirs to claim the re-division of the estate if there is a mistake in the distribution of the estate or deception and obvious unfairness, but there must be clear evidence for that, so the evidence must be present.

  At that time, any of the heirs has the right to apply for re-partition to the Personal Status Court in Saudi Arabia, after proving this injustice or error, as mentioned above.

However, if it is proven that the distribution was just and in accordance with Islamic law, no one has the right to demand a re-division of the estate, and the request is rejected.

Appointing a lawyer in Saudi Arabia to file a case for dividing the estate

As for the lawyer’s role in filing a suit for the division of an estate in Saudi Arabia, it is very important as he provides legal advice and assistance in collecting and presenting evidence and documents necessary for the lawsuit. trial.

The lawyer also has a major role in facilitating the procedures for filing a lawsuit by communicating with the other heirs and moving them to reach compromises regarding the estate, and giving advice to the heirs regarding their rights and duties and the necessary legal procedures to protect their rights in the estate.

It is worth noting that the heirs must obtain a qualified lawyer who specializes in the field of inheritance law, in order to properly guide the heirs in this regard and facilitate the procedures for filing a lawsuit.

Frequently asked questions

When is an estate inventory application submitted?

A request for an inventory of the estate is submitted in the event that the heirs are ignorant and do not know the property of the deceased person, at which time a request is submitted to inventory the property of the deceased person, and the application is submitted through the court and goes to the competent authorities such as the Ministry of Justice for real estate, and searching in bank accounts and others.

What if one of the heirs refuses the power of attorney, can he be forced?

The heir has the right to refrain from power of attorney and may not be forced to do so. If one of the heirs refuses the power of attorney, each heir shall delegate any person he wants, provided that the wording of this power of attorney is unified and all are in the same form.

Is it possible to sell without the consent of one of the heirs?

Yes, it is permissible to sell. If one of the heirs wants to sell his share of the inheritance and the rest of the heirs do not agree, then he can resort to the judiciary, whether this sale is to one of the heirs or to any other person, and the court determines his share of the inheritance, and the sale money is given to him based on his legal right.

Is it permissible to sell a share on the commons?

According to the laws and regulations, it is not permissible to sell or dispose of Ali’s share.

Conclusion

Islamic law dealt with everything related to aspects of life, including inheritance issues and their details.

Inferred from it, the Saudi inheritance law dealt with inheritance issues and separated them in clear detail, and accordingly, the issue of some heirs’ refusal to divide the estate is not permissible, legally and legally, in whatever form this refusal was, as previously detailed.

If you have additional inquiries related to inheritance issues or want to appoint a specialized lawyer to file a lawsuit for compulsory division of the estate or other issues, do not hesitate to contact the experts in inheritance and inheritance issues at Al-Othman Law Firm.