Partnership: Ruling on Forcing an Heir to Sell His Share in Inherited Property
Practical Laws of Islam as per the teachings of Imam Khamenei
Partnership: Ruling on Forcing an Heir to Sell His Share in Inherited Property
English:
Question #1691:
A number of people inherited an orchard. One of the inheritors refuses to sell his share. Is it permissible for the other shareholders, or a government department, to force him to do so?
Answer #1691:
Neither the other partners nor anyone else can coerce the partner to sell his share, especially where partitioning is possible. In this case, each of the partners can demand from the others to partition their share unless the law of the Islamic government does not permit the partitioning of the plantation. Such legal requirements have to be respected.
If the jointly possessed property cannot be demarcated, any partner can have recourse to the authorised religious authority to force the unwilling party to sell their share or buy the shares of the other partners.
-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Partnership