What is the Sharia ruling regarding the issue of dividing the inheritance of a house whose owner passed away, leaving a son and a daughter (the mother and the maternal uncle), where the maternal uncle had built a private apartment for himself in the same house before the father's death, and he refuses to include this apartment in the division of the inheritance, while others believe it is necessary to appraise the value of the apartment and distribute it among the heirs so that both the mother and the maternal uncle bear their share of the value?
Our fatwa is that if a son builds on his father's property with his father's permission, and then the father dies, it is considered a loan for use ('ariya). If the term of the loan for use ends, or whatever is determined by custom, the son has the right to claim the value of his construction as dismantled. Therefore, your uncle's apartment should be valued as dismantled, and he is entitled to its value.
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