What are the Shar'i rulings concerning the division of a father's estate, including how to deal with registered and unregistered gifts, the rights of the third wife regarding the apartment, how to calculate the costs of finishing the apartments by the sons, and finally, should the "Amiri" division of the first property be considered despite the father's construction on it, and how should the inheritance be divided legally and according to Sharia among the heirs?
The money spent by the three sons from their private funds on finishing the apartments is their private property and does not enter into the inheritance. The roof of the building and its common ground remain part of the inheritance to be divided among the heirs. It is not permissible for the father to favor some of his children in a gift, and the apartments taken by the three sons must be returned to the inheritance, while preserving the money spent by each son to furnish his apartment. The wife is entitled to half of the apartment in return for what she paid her husband. The other half enters into the inheritance and is divided among the heirs, unless they agree to allocate it to her. If it is possible to officially register the building and divide it legally, that is preferable. Otherwise, the Amiri division is accepted, and then the property is divided as an inheritance. Amiri lands are divided equally between males and females because they are a gift from the state, not an inheritance.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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