An heir refuses to take his share from the inheritance
Question
Can a person give up their share of inheritance and settle on a lesser amount? Would it be permissible to forsake one’s share completely?
Answer
بسم الله الرحمن الرحيم
الجواب حامدا ومصليا ومسلما
In reference to your question, if an heir forgoes their share in inheritance and settles for a lesser amount, they will be given their new share and the rest of the wealth will be distributed amongst the remaining heirs in proportion to their respective shares.
However, if an heir forfeits their share completely and does not make a settlement, their portion of the wealth will still be their right which they can demand at a later time. In other words, the right of inheritance may not be waived by simply abandoning it. Rather, if they wish to give up their share, they may do so after receiving it in their possession. This is particularly even more important these days when people are sometimes pressured or coerced into giving up their share.
والله اعلم
Allah Knows best.
Approved by: Mufti Husain Ahmad Madani