Any co-owner can generally apply for partition and sale, forcing the issue. Negotiation is nearly always cheaper.
The Canadian position
Courts have discretion but will usually order a sale where co-owners are deadlocked.
Legal costs come out of the proceeds everyone shares.
The Islamic position
A settlement where one heir buys out the others preserves the property and the relationship.
That is precisely what takharuj contemplates.
The four Sunni schools are not recorded as differing materially on this point in the sources reviewed. Where your own case turns on it, put it to a scholar of your school.
General information, not legal or religious advice. Inheritance depends entirely on the exact family circumstances. Confirm the Canadian position with a lawyer in your province and any religious ruling with a qualified scholar.
Citations & sources
Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- Canadian Legal Information Institute — CanLII
- Grewal v. Litt, 2019 BCSC 1154 — CanLII
- Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
- Canadian Legal Information Institute — CanLII
- Challenge tcc agreement in family court — Treadstone Law
- Estate trustee costs defending will challenge ontario — Treadstone Law
- Dependants support claim slra ontario — Treadstone Law
- Civil litigation process ontario — Treadstone Law
- Jury trial will challenge ontario — Treadstone Law
- What is discovery process ontario civil litigation — Treadstone Law
- Wills & estates practice — Treadstone Law