Do the claimants have a share in the house that was demolished and rebuilt by some of the heirs, knowing that the house is registered in the name of the deceased father, and that this was done to provide suitable housing for the elderly mother?

If the brothers demolished the house with the consent of the heirs and they explicitly declared the land as owned, then the new house belongs to whoever built it. However, if they did not explicitly declare ownership, then it is a loan ( 'ariya ), and the heirs are permitted to reclaim the land while paying the value of the standing building.

If the house was demolished without the permission of the heirs, then the brothers are transgressors and are liable to guarantee the value of the demolished house. For the new construction in this case, there are two views:

1. Shafi'is and Hanbalis: The builder is compelled to demolish the construction due to his transgression. 2. Malikis and Hanafis: The property is divided. If the construction falls within the builder's share, it belongs to him. If it falls within the co-owner's share, the co-owner has the choice to either pay the value of the construction as if it were demolished, or request its removal, with the co-owner having the right to rent if the builder benefited from his share.

The advice is to refer the matter to the Sharia court for a ruling.