Can an heir forfeit their share of inheritance during the lifetime of the deceased?

Q. If any heir, during the lifetime of the deceased agreed to not claim any shares of inheritance from the deceased’s estate after demise, are they still entitled to make any claim from the deceased’s estate?

A. If any settlement or agreement was entered into between the deceased and any of the heirs during the lifetime of the deceased to forfeit their right or share of inheritance after the demise of the deceased, such a settlement or agreement is not binding.

Therefore, after the demise of the deceased, the heirs retain the right to claim the shares of inheritance entitled to them as the right of inheritance is only established after the demise of a person. (Hidaayah 4/514)

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

themufti.com