What is the legal effect if an heir deals with the bequeathed property before the legatee accepts?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If ownership transfers to the heir upon the testator's death (in the opinion that allows this), the heir's ownership is established in a manner that does not permit disposition, similar to property held as a pledge. Therefore, any sale, mortgage, manumission, or other disposition made by the heir concerning the bequeathed item is invalid.
Supporting text
If ownership does not vest in the heir, it remains the property of the deceased, and any disposition must await the outcome of acceptance or rejection by the legatee.