Will the paternal aunt inherit anything from her father's house if her deceased brother's sons rebuild it at their own expense, knowing that the house is all that the father owned?
If the grandfather passes away, his married daughter inherits half of his estate (half of the house) as a fixed share (fard), and the children of his son who died during the grandfather's lifetime inherit the remaining half by 'asaba (agnatic succession). The son's wife inherits nothing.
If the son's children wish to build on the shared house, their paternal aunt (the grandfather's daughter) may pay them half the cost of construction and remain a partner with them. If she refuses to build the house with them, the judge compels her to participate or to sell her share at a fair market price, based on the : "There should be neither harming nor reciprocating harm."
However, if they build the house with her consent, using their own money, and consider half the cost as a loan to be recouped from her share of the house's rent, that is permissible. They must fear Allah regarding their paternal aunt, for it is Allah who ordained this share for her.
As for if the grandfather is still alive, the house is his, and no one is permitted to dispose of it except with his permission. If he lacks full legal capacity, the courts handle the disposition of his wealth.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/34457
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 34457
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy