Claiming a trust from the trustee’s heirs after his death

Question

Question: A person gave a large sum of money to someone to keep as a trust (amana). The trustee (amin) suddenly passed away. The giver and the trustee knew about this sum. Afterwards the sum is being demanded from the trustee’s son, and it cannot be found anywhere, either in the house or outside. We want to know whether their demand is right or not, and what the duty of his son is — what should he do about it?

Answer

The owner of the money has the full right to claim (it) from the heirs of the deceased. If the heirs know that the money exists and is in such-and-such a place, they are obliged to hand it over. If they do not acknowledge (it)

Source: Fatawa Mahmudiyya

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