Inheritance is one of the important issues in our society, about which there is much controversy. Therefore, upon the death of the deceased, the matter is not limited to the idea of distributing the inheritance only, but rather the matter goes much deeper than that>
There are some inevitable procedures that must be taken before the estate is distributed, such as searching first on the zakat of the deceased, did he pay it or not, and also the debts, does he have any debts that he did not pay?
After the completion of all procedures, it is possible to start distributing the estate.
In this article, we will talk about the procedures for dividing the estate in Saudi Arabia, when it is permissible for the heirs to refrain from dividing the estate, how to properly divide the estate, and more.
Contents
Estate division procedures
Before the procedures for dividing the estate take place, some things must be done before distributing the estate, according to Article 198 of the system of the Kingdom of Saudi Arabia:
- The deceased must be prepared for shrouding and washing, i.e. the right to these supplies is taken from the right of the estate first.
- After that, it is searched if the deceased has any debts that are paid first from the right of the estate, then it is considered if the deceased has zakat, and anything else of hostages on the deceased and any dues of the deceased that are paid first before everything, and any wills that the deceased had He left her before his death.
- After that, the heirs divide it either by mutual consent or through the court, but before that an important step must be taken, which is to obtain the death certificate of the deceased, because the division will not take place until after the death certificate is issued, according to the law established in the Kingdom, and after that the judge makes an inventory of the estate, In it, the date of death of the deceased and the amount of the estate and inheritance shall be established.
- One of the important things that we should not overlook is the presence of a minor person among the heirs. This deed must be issued whether the person is a minor in age or intellect. It is also permissible to appoint a person from the heirs to manage the estate until it is distributed and he is the eldest.
It must be taken into account that there are two types of heirs:
- The owners of the hypotheses: They are the ones who have a right defined by the Sharia as a third, a quarter, a half, and so on.
- Native owners: Those who have not been determined a specific share, but either inherit the estate or fall from the inheritance.
After that, the estate is distributed, and one-eighth is given to the wife, and the remainder is divided among males and females, with the male having the same share as the two females.
Estate division procedures
First: The title deed is taken out
In it, the persons who will inherit the deceased are mentioned, and it also mentions all parties related to the inheritance, and it is extracted from the court.
Second: making an inventory of the estate
In it, all the deceased’s property, including money, real estate, or even shares in the bank, and all the deceased person’s property are mentioned.
Third: documenting the estate
This is done after issuing the deed and inventorying the property, so the estate is documented through one of the following two methods:
- Either through a trustworthy notary public, and this is done in the presence of all the heirs and not the absence of any one of them, unless there is a minor, or one of the heirs is absent, or there is a will of the deceased.
- The second way is for the court to make this documentation.
When is it permissible for some of the heirs to claim the re-division of the estate?
It is no secret to you that matters related to the heirs in which many disputes occur, especially during the distribution and division of the estate, and carrying out the procedures for dividing the estate, and here the permanent question arises:
Is it permissible for the heirs to claim a re-division of the estate?
And the answer is yes; It is permissible for the heirs to claim this, and this is if there is fraud and deceit that occurred during the division of the estate and carrying out the procedures for dividing the estate, and that is when one of the heirs takes a larger share than the rest, and some take a smaller share, especially if this person does not understand these matters and is easy to deceive.
But in order for this deception to be proven, there must be evidence and evidence for it, as we know the evidence for the one who claims and the oath for the one who denies. The re-division takes place after fulfilling the aforementioned conditions, which is the existence of evidence for that and the deceived person not knowing his right to the estate.
However, in the event that the estate was divided according to Islamic law as determined by God Almighty, and the share of the heirs was determined by the personal status system, then none of the heirs has the right to object or file any lawsuit.
How to properly distribute the estate?
The heirs have the right to divide the estate and carry out the procedures for dividing the estate among themselves by mutual consent if they are in agreement with each other, and they distribute as God commanded and as determined by Islamic law or according to the personal status system.
And the heirs have complete freedom in how to distribute it in any way of distribution, provided that there is no injustice and encroachment on the other, so they may distribute it as it is from real estate, cars, money, and shares.
They may also distribute all property in the form of money and distribute it equally among them according to the share and rights of each one of them, through consultation and agreement among them.
How is a sum of money divided among the heirs?
After all the estate of the deceased is counted and all the dues and debts belonging to the deceased are paid, and then the remainder of the estate is distributed according to the heirs, as we mentioned if they were among the owners of the hypotheses or from the clan, then the distribution takes place according to Islamic law and based on what you specified from the share of each individual of the heirs And this calculation is done according to inheritance issues.
If any of the heirs wishes to liquidate the funds in the bank, he may do so. Then, after selling the shares, it is distributed among the heirs according to the share of each of them.
The meaning of dividing a financial estate is to indicate the share of each heir, and this does not differ according to the conditions of the heirs.
Is it permissible for one of the heirs to dispose of the estate before dividing it?
As we have mentioned, there are many problems and problems that we face during the distribution of the inheritance, and among these problems is that one of the heirs disposes of some of the estate, before it is divided, or the procedures for dividing the estate are carried out, without the knowledge of the rest of the heirs.
Here comes the question: Is it permissible for any of the heirs to dispose of the estate before the division is completed?
And the answer is definitely no. None of the heirs has the right to do that, especially if this is without the permission of the rest of the heirs, and whoever does that must return the right that he disposed of by returning it to the heirs, or refunding its value, or agreeing with them to compensate specific.
The rest of the heirs also have the right to file a lawsuit with the court, and that is in the event that the person who disposed of the estate refused without their permission, then they have the right to file a lawsuit against him to the court, in order for this matter to be known, or to return what he disposed of to the judiciary, and then the judiciary will spend in This mother.
The lawsuit is filed in the Personal Status Court for inheritance and family issues, and a lawyer can be appointed to assist in these cases, and to carry out procedures for dividing the estate.
Thus, we have come to the end of our article, which explains the procedures for dividing the estate in the Kingdom of Saudi Arabia according to the Islamic Sharia, which is considered one of the important issues that Islamic law is concerned with and stipulated in the Holy Qur’an because it protects rights from loss.
If you have any inquiries regarding inheritance issues or want a solution to any dispute related to inheritance issues, do not hesitate to contact the experts on inheritance and personal status issues at Al Othman Law Firm.
