Can one of the heirs give up his share to others in exchange for?
Disclaimer: This is a legal article that provides information that does not replace consulting a competent lawyer to help you and for more accurate information.
Yes, it is definitely permissible. This procedure is known in Saudi jurisprudence and law as “exit”.
The Personal Status Law has organized the provisions of this procedure in detail to guarantee the rights of all parties, as follows:
Definition of exit (waiver of consideration)
Article two hundred and forty-three stipulates that departure is: “an agreement that some of the heirs or the legatee will leave his share of the estate or some of it in exchange for something known from it or from others”. The same article required that this departure be documented before the competent authority.
Can one of the heirs give up his share to others in exchange for?
Conditions for the validity of the exit
Article two hundred and forty-four stipulates that for the validity of the exit, the estate must be:
- Information for all outgoing heirs.
- Or unknown and it is usually not possible to know about it in a short period (the court determines this period).
However, if the estate is unknown but can usually be known in the near future, and the exit took place before the exits knew its details and amount, then those of them who were ignorant of the situation have the right to request the cancellation of the exit.
To whom does the share of the relinquished heir go?
Article two hundred and forty-five explains how the share of the relinquishing (exiting) heir is divided based on the source of the financial consideration he received:
- If the consideration is from one heir: If one of the heirs deviates with another specified heir, this specified heir is entitled to the assignor’s share and replaces him in the estate.
- If the consideration is from the estate itself: If the remaining heirs pay the consideration to the assignor from the same estate funds, then the assignor’s share is divided among the remaining heirs according to the amount of their legal shares in the estate.
- If the consideration is from the heirs’ own funds: If the heirs pay the consideration from their own funds (from outside the estate), the assignor’s share shall be divided among them according to the percentage paid by each one of them (unless they agree otherwise). If the amount paid by each of them is not known and this is not stipulated in the exit contract, the share shall be divided among them according to the amount of their shares in the estate.
For law and legal consultations..Contact the office of lawyer Abdul Majeed Al Rashid.
References
- Article Two hundred and forty-three of the Personal Status Law and its regulations
- Article Two hundred and forty-four of the Personal Status Law and its regulations
- Article two hundred and forty-five of the Personal Status Law and its regulations
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