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The question

How will the inherited house, consisting of four stories and a rooftop, be divided among the heirs, and what is the right of the sister who built one of the stories with her own money?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The ownership of the air is subject to consent. As long as the land is a right belonging to all heirs, they are partners in its air proportionate to their share in the land. The mother does not have the right to permit the daughter to build an additional story on the house; rather, the permission of all heirs is necessary. If all of them permit the additional story, then the building becomes the sole right of the daughter, and her construction does not enter into the inheritance unless she donates it. If the remaining heirs know of the daughter’s construction and remain silent, their silence takes the place of permission. However, if the heirs explicitly state their refusal to grant permission, or if they are unaware of the construction, then the matter takes the ruling of a partner building without the permission of their co-partner. In the event of a dispute, the matter is referred to the Sharia judiciary.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
141622
Imported
Translation status
Source text, unreviewed
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