A: One-sixth of the portion of house built up in the...

A: One-sixth of the portion of house built up in the deceased's life had vested to the late father of Mr. A and now proportionately belongs to the heirs of the said father. Therefore, those heirs' consent must be obtained for this purpose. Also the wife should get consent of the remaining heirs to stay in that house. Q. 47: Concerning the above: How can the distribution of the said property be made in the light of the fact that the property cannot now be sold?

A: If it cannot be sold, then all the heirs of the late Mr. A as well as the heirs of Mr. A's late father will jointly be its share-holders, according to their appointed shares. Q.

48: Protection of the minors ' shares: Concerning the above estate, since one son & two daughters are still minors, how can their respective shares be protected.The deceased's father, during his lifetime, had decided to appoint one of the brothers of the deceased to be his appointed trustee to act as the guardian of the children of the deceased but could not put it down in writing as he was in hospital at that time.Can the intended "appointed" trustee be the guardian of the children?

If not, who can be the guardian? The wife of the deceased has no objection to the appointment of the said trustee. A: If the grandfather had already appointed someone to act as guardian of his minor grandchildren, then the said guardian will look after their interest until they attain majority and rushd (maturity of mind). Verbal appointment is enough; writing is not essential. However it should be kept in mind that "intention to appoint someone" is not the same as "appointing someone".

What I have written above applies to the situation where the late grandfather had "appointed" one of his sons as the guardian, executor of the will, for his minor grandchildren. However, if he had only shown his intention without saying "I appoint my son,.............,as guardian for my minor grand-children," then the Mujtahid or his Wakil has authority to appoint a guardian.

In the case mentioned in the question, if the mother of the minor children agrees to the intended appointment, then I do not see any difficulty in his appointment, and it may easily be given consent to by the Mujtahid or his Wakil, if they are approached Q. 49: Expenses concerning the minors ' shares: In the above situation, what sort of expenses can be disbursed against the minors' respective shares till they attain the age of majority?