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Can an Heir Sell Their Inheritance Share Before Partition?
Status of selling an inheritance share before partition in Jordanian law, other heirs' pre-emption right, and the effects
⚖ Based on official Jordanian law — Personal Status Law No. 15 of 2019
- 218Published legal questions
- 6Legal topics
- ⚖Cites Personal Status Law No. 15 of 2019
Frequently Asked Questions
- How is an inheritance share sold?
- Issuing heir certificate, valuing the share by an expert, offering the sale first to other heirs, officially notifying other heirs, registering the sale at a notary with witnesses, transferring ownership at official entities.
- How is the pre-emption right exercised?
- Officially learning of the sale, filing a pre-emption case at the court within 30 days, paying the agreed price, court ruling transferring ownership to the pre-empting heir and cancelling the outsider's sale.
- When is pre-emption not exercised?
- Sale to another heir (no pre-emption needed), takhāruj among heirs (special type), gift (not a sale), or second inheritance for heirs of heirs. Pre-emption has a defined period and cannot be exercised after its expiry.
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