Question
During his lifetime, a man promised to build three houses for his three sons. He fulfilled the promise for the first son. Before the second son's house could be completed, the father passed away, leaving the son with the incompleted house. The third son received only a vacant plot of land. After the father's death, his estate completed the house for the second son. Is it permissible for the estate to build a house for the third son on the vacant plot?
Answer
The three sons are the owners of only the properties gifted to them during their father's lifetime. The eldest son owns the completed property. The second son owns the land with the incompleted house. The third son owns only the vacant land. The promise of the father is not valid after his death. It may not be fulfilled from the assets of the estate.
It was not permissible to use the estate's funds to complete the house for the second son. The second son has to pay back to the estate the amount which was expended on completing the house. All heirs share in the estate.
Funds from the estate may not be used to build a house for the third son. The assets of the estate must be compulsorily distributed to the heirs.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 24 No 12
- PDF page
- 2
Verbatim verified against the source PDF
Appears under EQUIPMENT LIKE A CHAMBER POT}. This heading is the nearest headline at or before the page and is approximate. Do not cite it alone.