Are the four apartments built at the expense of the two sons included in the inheritance, and what is the share of each male and female heir among the children, given that there is a house built by the father on a plot of land he owns?
If the father grants his sons the air space of his house to build upon, and the legal conditions for the gift, including witnessing, are fulfilled, then the floors and the air space become the property of the two sons and are not included in the inheritance. However, merely granting permission to build does not make the air space the property of the two sons; rather, it is a loan that terminates upon the father's death. In this case, the sons share the air space with the other heirs, and the two sons are entitled to the value of their demolished building. If the father dies, the sons must agree with their siblings regarding the air space, either considering it part of their inheritance or paying them the value of the demolished floors. It must be noted that matters of inheritance are serious and complex, and mere fatwas are not sufficient. Rather, they must be referred to the Sharia courts for investigation to preserve the rights of all heirs, creditors, and legatees.
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- Ftawy
- Original fatwa ID
- 48163
- Imported
- Translation status
- Source text, unreviewed
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