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The question

If the father's multi-story house is sold, and it contains two apartments, one built with his verbal permission and the other after his death, how is the inheritance to be divided, and do the two apartments belong to their builders?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

Therefore, a father's permission to his son to build on his land or on top of his house, without explicitly stating it as a gift, is considered a loan (عارية) that terminates upon the father's death. This is unless the period of benefit from the construction before the father's death was short, in which case the loan continues for the customary period, and the builder alone benefits from it. Upon the termination of the loan, the son who built is entitled to the value of his construction, whether demolished or standing. As for an apartment built by the son after his father's death with the permission of the heirs, it is considered a loan from them if they did not grant him ownership of the roof. If the heirs agree on something, the matter is theirs; if they disagree, the final decision rests with the court.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
183585
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.
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Read the full answer on Ftawy