Legal and Juridical Status of Heirs' Transactions with Regard to the Bequeathed Property | ||
| مطالعات فقه و حقوق اسلامی | ||
| Articles in Press, Corrected Proof, Available Online from 28 December 2025 PDF (1.01 M) | ||
| Document Type: Original Article | ||
| DOI: 10.22075/feqh.2025.37578.4247 | ||
| Author | ||
| javad niknejad* | ||
| Department of law | ||
| Receive Date: 29 April 2025, Revise Date: 03 November 2025, Accept Date: 15 November 2025 | ||
| Abstract | ||
| There is a difference of opinion in Iranian law and Imamiyah jurisprudence regarding the time of transfer of ownership of the bequeathed property to the legatee. Regardless of the aforementioned discrepancies, an important question arises regarding the legal status of the heirs' transactions concerning the bequeathed property after the testator's death and before the legatee's acceptance of the bequest. In Imamiyah jurisprudence and Iranian law, there is a difference of opinion regarding the legal status of the heirs' transactions concerning the bequeathed property before the acceptance by the legatee. Some believe the heirs' transactions are invalid and subject to the approval of the legatee. Others assert that the transactions are inherently invalid. Some hold that the heirs' transactions are valid in accordance with the legatee's rights. As a distinct status from validity, invalidity, and nullity, the author's hypothesis is that the heirs' transactions are valid and in consideration of the legatee's right. Specifically, if the legatee rejects the bequest, the heirs' transactions remain valid. However, if the legatee accepts the bequest, and should we accept that the acceptance is a transfer of ownership, then the heirs' transactions are annulled from that moment onward. This is because, in heirs' transactions, due to the legatee's real right to the bequeathed property, there is an impediment to the sale. The aforementioned impediment constitutes a bar to the continued existence of the contract. If we accept the retroactive effect of the legatee's acceptance, then with the acceptance of the bequest, the heirs' transactions are annulled retroactively from the time the transaction was executed. | ||
| Keywords | ||
| Bequeathed Property; Legatee; Consideration of Rights; Annulment; Invalidity | ||
| References | ||
|
| ||
|
Statistics Article View: 58 PDF Download: 38 |
||