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How should one deal with the estate of a deceased father, who died without ascendants or descendants (kalāla), which includes a pension, rent from a building, a plot of land, and a house, and which has not been inventoried since the subsequent death of the grandfather, given that there is a minor among the heirs and one of the shaykhs has refused to act on it for this reason?

1 min readAlso available in العربية

"Kalalah" refers to the death of a person who leaves neither a child nor a parent. The questioner's father does not fit this description, as his own father and children are alive. The guardian appointed by the father takes care of the property of minor heirs. If the father did not appoint a guardian, then their grandfather acts as such; otherwise, the religious court (al-Qada' al-Shar'i) assumes guardianship. If your father appointed you as guardian over your minor siblings, that is valid; otherwise, guardianship falls to the religious court. The presence of minors among the heirs does not prevent the division of the inheritance. It is advisable to refer the matter to the religious court for consideration of the division.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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