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How is the inheritance to be divided among the heirs, and what is the share of each, in a house of which a part was sold and one of the heirs completed its construction with his own money? And is the consent of the heirs required if one of the daughters wishes to utilize one of the shops and rent it out before the division?

1 min readAlso available in العربية

The house and the land it is built upon are considered an inheritance if they were built with the money from an old house belonging to the heirs and on their land. The second and third floors belong to whoever built them among the heirs if this was done with permission, and he has the right to keep them or share them with others. If the construction was done without permission, the heirs can either permit the use of the airspace, or pay the value of the construction to its owner to be divided among everyone, or the builder pays only the value of the airspace, or everyone becomes partners in the construction with the value of the airspace, all depending on mutual agreement or dispute.

The inheritance is divided by inventorying and appraising it, then distributing it into eight shares: the wife receives one-eighth, and the remainder is distributed to males, who receive twice the share of females. It is not permissible to utilize the inheritance before its division except with the permission of the mature heirs; otherwise, the rental income becomes part of the inheritance. Inheritance cases must be brought before the Sharia courts for investigation and to ensure the rights of all.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy