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My question is will this agreement stays valid if any of the brother or sister passed away after the agreement was signed or still remains active?

Q:

Asalamalikum, If brothers and sisters who get the property in inheritance, and have decided and signed on a written agreement that at the time of the sale 75% percent of the sale value will be divided as per shariat (brothers 2 share and sisters 1share) and the remaining 25% will be divided amongst the brothers because they have built the upper portion of the house with their(brothers own funds) as per the written agreement signed by all brothers and sisters.

 My question is will this agreement stays valid if any of the brother or sister passed away after the agreement was signed or still remains active?

And my second question is what is the value of this written document as far as the shariat goes can the parties who sign can claim that this written document on which they have signed has no Shari value and the shares should be divided on full 100% sale value as per shariat.

Will be waiting for a response thanks in advance.

A:

Bismillaahir Rahmaanir Raheem

Salaamun Alaikum,

1- Yes such agreement of a Baaligh person during his / her lifetime remains valid even after that person’s demise.

2- Inheritance should be divided according to the Shariah but if any of the inheritor agrees to give his / her share to anybody else then he / she can and such agreement is valid.

May Allah (swt) keep all brothers and sisters united under the shadow of His Blessings.

Regards
Sheilh Nadir.