A Non-Owner Selling A Property Belonging To Heirs In An Estate

The sale of the property carried out by your sister’s husband is referred to as ‘Bay-e-Fudhooli’ in the terminology of the jurists. The ruling pertaining to such a transaction is; if the owners consent to the transaction after being informed of the sale then the transaction will be valid and concluded, and if they object to such a transaction then the sale will be invalid, which then means that they continue to maintain ownership of the property.

Now, coming to your scenario, your sister’s husband sold the property and then handed over the funds accrued from the sale of the property to the heirs which they had accepted with the exception of one heir. The fact that the heirs accepted the funds indicates that they have approved of the transaction which is referred to as ‘tacit approval.’ Therefore, the transaction will be considered as approved and finalized on behalf of those heirs that have happily accepted the funds in lieu of their portion of the property, but will not be valid on behalf of the one heir that objected to the sale. This particular heir now becomes a partner with the new buyer/s in the property.

However, if the heirs that consented to the sale are now regretful over their approval and wish to retain their respective portions of the property, they may request the buyer to reverse the transaction, whereby the buyer will return the property and they will return the funds. Such an agreement is now dependent on the consent and approval of both the buyer/s and the sellers.